Ronald L. Miller, Referee


              (Brotherhood of Maintenance of Way Employes


PARTIES TO DISPUTE:
              (The Denver and Rio Grande Western Railroad Company


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 1. The dismissal of Section Foreman S. A. Mazotti for alleged 'failure to properly report for du the basis of unproven charges, without just and sufficient cause, arbitrary, capricious and in violation of the Agreement (System File D-45-85/MW-23-85).

 2. The claimant shall be reinstated with seniority and all other rights unimpaired, his record shall be cleared of the charge leveled against him and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: This case involves a number of issues, some of which deal
 with the reliability of particular drug testing procedures.
 Nevertheless, the crux of the case concerns a much less complex matter. Did
 the Claimant fail to report for duty in a fit condition on June 26, 1985, as
 charged by the Carrier?

 The record of this case indicates that the results of a first examination (taken by the Claimant 27, 1985. The Carrier's decision to dismiss the Claimant was based upon the allegation that he failed to report for duty in a fit condition on June 26, 1985. There is no evidence that the Claimant reported for work, or should have reported for work, on the June 26, 1985.

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was violated.

                      Award Number 26701 Page 2

                      Docket Number MW-27177

                      A W A R D


        Claim sustained.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:

      Nancy J. De4er - Executive Secretary


Dated at Chicago, Illinois, this 23rd day of November 1987.