This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
On September 7, 1993 Claimant was furloughed from his Maintenance of Way position. In December 1994 Claimant applied for a position in Carrier's Mechanical Department. Carrier required Claimant to take and pass a physical examination which included a urine drug screen. Carrier contends Claimant tested positive for drugs on December 21, 1994. Based on the alleged positive drug test Claimant's application was rejected and Claimant remained on furlough status within the Maintenance of Way Department.
Carrier's Medical Department alerted EAP of this alleged positive drug test. EAP contacted Claimant in February 1995. EAP allegedly told Claimant that if he entered treatment he could qualify for release to duty in 60 to 90 days - otherwise he would not so qualify for 120 days. On February 27, 1995 Carrier recalled Claimant to duty effective March 14,1995. However, the Medical Department refused to clear him for duty because Claimant was not in a treatment program. On May 1, 1995, Claimant agreed to EAP treatment program and on June 5, 1995 he was cleared to return to duty by the Medical Department. Claimant returned to duty on June 6, 1995.
This Board finds that there is no documentary or testimonial evidence in the record to support the Carrier's assertion that the Claimant tested positive for illegal drugs. Claimant denied he had tested positive for drugs in December 1994 and produced a Drug Free Card issued on December 21,1994. Carrier did not challenge the accuracy or validity of that Drug Free Card.
This Board concludes that the Agreement was violated by improperly withholding Claimant from service between March 14, 1995 and June 6, 1995.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.