Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27968
THIRD DIVISION Docket No. MW-27440
89-3-87-3-124
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis 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) Laborer C. E. Flanagan shall be compensated for all compensation
loss suffered by him as a result of being improperly withheld from service
from July 15, 1985 to October 31, 1985 (Carrier's File 013.31-337)."
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.
Claimant was furloughed on February 15, 1985. In July 1985, he was
called back to work and, in the usual manner, was directed to take a returnto-work physical examinat
revealed positive concentration of marijuana in his system. Claimant was not
allowed to return to work and was scheduled for another test. He failed the
second test. Eventually, Claimant decided to enroll in a substance abuse
program and in December 1986, he was released and tested clean. He was
ordered back to work on January 7, 1987.
The Organization submitted a claim alleging that Carrier improperly
held Claimant out of service from July 15, 1985, to October 31, 1985. It
asked for pay for all lost time.
This Board has reviewed the record and it concludes that Carrier
acted in an appropriate manner in this instance. Claimant received every
consideration possible from Carrier and at no time were his Agreement rights
violated in any manner. Carrier was more than tolerant. Claimant, by his
own admission, had a drug problem. When he did something about it, Carrier
returned him to service. Neither Claimant nor the Organization could expect
any more.
Form 1 Award No. 27968
Page 2 Docket No. MW-27440
89-3-87-3-124
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: · fX/
00
Nan` y J. e Eecutive Secretary
Dated at Chicago, Illinois, this 29th day of June 1989.