Prior to his dismissal. Claim. fit %:_ emploved as a Truck Driverwith headquarters at Denver, Colorado. On June 9, 1993. the hi-rail Division Truck, Unit 7801-9048U, which Claimant was driving, hit a power pole guy wire at the intersection of 4th Avenue and Osage in Burnham Yard. Following the accident. Claimant was required to submit to a urinalysis drug screen. The result of that test was positive for both marijuana and cocaine metabolites. Claimant was then directed to appear for an investigation. Following the Investigation, Claimant was dismissed from Carrier's service.
The Organization raised a threshold issue concerning the fairness of the Hearing. careful review of the transcript in this matter fails to support the Organization's position. The fact that Claimant refused to testify in his own behalf at the Investigation was Claimant's decision. and there is no indication that he was coerced into that silence by the Hearing Officer. Throughout the Hearing the Hearing Officer conducted himself in a fair manner.
The Organization also attempted to cast doubt upon the veracity of the urinalysis results. Evidence on the record before this Board indicates that the chain of custody was maintained intact, and that the positive results were correct. Finally, the Organization notes that Claimant had a previously unblemished record over a span of 18 years of employment with the Carrier. .4s we have consistently held on this and other Boards, unless the discipline imposed is arbitrary, excessive or capricious, the matter of leniency is a decision left to the Carrier's discretion. (Second Division Award 9396).
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.