Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27087
THIRD DIVISION Docket No. MW-27482
88-3-86-3-736
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Brjtherhood if Matnteaance of Way Employes
PARTIES TO DISPUTE:
(St. Luis S3uthwesteru Railway Company
STATEMENT OF CLAIM: "Claim if the System Committee of the Brotherhood that:
(1) The dismissal of Speed Swing Operator W. C. Thompson for alleged
violation of Rule 'G' on July 18, 1985, was arbitrary, capricious and on the
basis of unproven charges (System File SSW-D-1198/53-858).
(2) The claimant's personal record shall be cleared of the charge
leveled against him, he shall be reinstated with seniority and all other
rights unimpaired 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 waived right of appearance at hearing thereon.
The Claimant submitted to a drug screen test on July 18, 1985.
Carrier alleged that the results showed a level of 200 NG/ML Cannabinoids in
his urine sample. Claimant was withheld from service and cited with a violation of Rule G of the Rul
of Way Employes. Following an investigation on August 20, 1985, at which
Claimant acknowledged that he had used marijuana, although not recently,
Carrier sustained the charge and dismissed Claimant from service.
From our review of the record, it appears that the tests conducted on
Claimant's sample were performed in a proper manner. The sample was first
found to be positive by the National Health Lab. This finding was later confirmed by the Nati
SPEC test.
Form 1 Award No. 27087
Page 2 Docket No. MW-27482
88-3-86-3-736
The record indicates that Claimant was provided with all procedural
protections guaranteed by Agreement, and that there was sufficient probative
evidence adduced at the hearing to support the charge. Given the nature if
the infraction, the discipline imposed was warranted.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Kzlgr"r~
Nancy J er - Executive Secretary
Dated at
Chicago, Illinois, this 17th day of May 1988.