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:


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.



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.






                          By Order of Third Division


Attest: Kzlgr"r~
        Nancy J er - Executive Secretary


Dated at Chicago, Illinois, this 17th day of May 1988.