Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27891
THIRD DIVISION Docket No. MW-27879
89-3-87-3-397
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Kansas City Southern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Track Laborer C. B. Wilson for alleged
'...
violation of Company Rule G on December 10, 1985 and January 13, 1986.' was
without just and sufficient cause, arbitrary and on the basis of unproven
charges (Carrier's File 013.31-341).
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired, his record shall be cleared of the charges 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 employee 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.
Claimant was employed as a track laborer by the Carrier. On December
10, 1985, Claimant underwent a physical examination that included a drug
screening; Claimant had been out of service because of medical problems. The
results of the drug test were positive for marijuana. On January 13, 1986,
Carrier administered a second drug screening to Claimant, which resulted in a
second positive result for marijuana. On January 31, 1986, Claimant was
notified to attend a formal investigation in connection with the charge:
Form 1
Page 2
Award No. 27891
Docket No. MW-27879
89-3-87-3-397
"to ascertain the facts and determine your
responsibility in connection with alleged violation of Company Rule G on December 10, 1985
and January 13, 1986."
The hearing took place on February 7, 1986, and, as a result, Claimant was
dismissed from service. The Organization thereafter filed a claim on Claimant's behalf, challenging
Claimant had never been released to return to work and, therefore, Rule G was
inapplicable.
On February 17, 1987, the Organization furnished the Carrier with a
copy of a Return to Work statement from Claimant's physician dated January 27,
1987,. which released Claimant to return to duty with no restrictions on
January 28, 1987. The Carrier eventually agreed to return the Claimant to
duty upon the successful completion of a physical examination and drug screen.
All claims for time lost prior to January 28, 1987, were withdrawn, and the
Claimant was returned to service on July 13, 1987.
This Board has reviewed the procedural claims raised by the Organization, and we find them to be
With respect to the substantive issue, the record reveals that the
Carrier received the January 27, 1987, letter fully releasing the Claimant to
return to work on February 17, 1987. Under well-settled Board precedent, the
Carrier had the obligation of putting the Claimant back to work within five
days of receiving such notification. Therefore, the Claimant is awarded backpay solely for the perio
returned to service.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
fancy J.
AW-
Executive Secretary
Dated at Chicago, Illinois, this 4th day of Nay 1989.