Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27082
THIRD DIVISION Docket No. MW-27294
88-3-86-3-398
The Third Divisiin cjnsisted of the regular members and iii
addition Referee Charlotte Gold when award was rendered.
(Brotherhood if Maintenance of Way Employes
PARTIES TO DISPUTE:
(New gleans Public Belt Railroad
STATEMENT OF CLAIM: "Claim .>f the System Committee of the Brotherhood that:
(1) The dismissal of Bridgeman Helper G. T. Ziegler for alleged
'...
violation of General Order 220.' because
'...
Drug Screen Test performed on
June 3, 1985, revealed the use of marijuana, which affects alertness, coordination, reaction, respon
....'
was arbitrary, on the basis of
unproven charges and without just and sufficient cause.
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired, his record cleared of the charge leveled against him and he
shall be compensated for all wage loss suffered."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute were given due notice of hearing thereon.
Following an investigation conducted on August 20, 1985, into his
alleged violation of General Order 220, dated March 31, 1971, Claimant was
dismissed from service. The Order states that "The use or possession of
alcoholic beverages, intoxicants, narcotics or any other substance that will
adversely affect an employee's alertness, coordination, reaction, response or
safety, while on duty, or when reporting for duty, is forbidden." Carrier
alleged that Claimant tested positive for marijuana on June 3, 1985, in a
series of audio, pulmonary, chest x-ray, and drug screen tests given all Huey
P. Long Bridge employes. Claimant had allegedly also tested positive in an
earlier test conducted on February 17, 1984. He was not disciplined for that
incident, but was told that another test would be conducted at a later date.
Claimant's past record includes a termination and a return to service on a
last-chance basis on August 23, 1982.
Form 1 Award No. 27082
Page 2 Docket No. MW-27294
88-3-86-3-398
Ia its Submission to this Division, the Organization has raised a
number of questions abut tie reliability of the tests administered Claimant
and the qualifications of those giving the tests. (Claimant's sample was
subjected to a Cannahi.»id Screen, the results of which were then confirmed by
means of Thin Layer Chrjmat~graphy.) From our review of the record, however,
while it appears that there was some testimony at the investigation on what
occurred when CLaimaat was tested, these matters were not addressed on the
property. As we noted in Third Division Award 26670, involving the same
parties, such issues must be handled on the property to be considered in the
final stage of the appeals process. It is only in that way that the validity
of the Organization's contentions can be tested.
In our review of the transcript, this Division finds that Claimant
was afforded all procedural protections guaranteed by Agreement. Based on the
results of the drug screen, Carrier had reasonable cause to believe that Claimant had used a substan
excessive.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. ~r - Executive Secretary
Dated at Chicago, Illinois, this 17th day of May 1988.