The Claimant holds seniority with the National Railroad Passenger Corporation (Amtrak) as a Trackman. On January 2,1995, he went out of service due to a disability. He sought to return to service in June 1995. Due to the length of the Claimant's medical absence he was required to undergo a return to duty medical examination. That examination was conducted on Wednesday, June 15, 1995. The medical examination included a urinalysis for alcohol and controlled substances.

On Monday, June 19, 1995, Amtrak was advised by American Medical Laboratories that the Claimant had tested positive for opiate metabolites. Amtrak Occupational Nurse Marianne Letterio telephoned the Claimant and informed him of his positive drug screen. During that conversation, the Claimant told Nurse Letterio the medications he had been taking. Nurse Letterio concluded that none of these medications could have caused a positive test for opiate metabolites so she instructed the Claimant to contact his treating physician or his pharmacist and obtain a complete list of the medications he had taken during the previous 60 days.

The Claimant elected to obtain a list of his medications from his physician. However, his physician was on vacation until July 5, 1995. On July 5, the Claimant obtained a list of his medications from his physician and forwarded the list to Amtrak. The Claimant was returned to service on July 6 and resumed work on July 7, 1995.

On August 18,1995, the Organization presented a claim on behalf of the Claimant for his lost straight time pay, overtime and allowances for the period June 19 to July 7, 1995. It is the Organization's position that Amtrak had no right to refuse to allow the Claimant to return to service on June 19, 1995, since he had submitted a list of the medications he had taken during the previous 60 days during his return to duty physical examination on June 15, 1995.

Amtrak's decision on June 19,1995, to require the Claimant to furnish a complete list of the medications he had taken during the previous 60 days was not arbitrary, capricious or unreasonable in the Board's opinion. Rather, there was a rational basis for the decision. The Claimant had tested positive for opiate metabolites and Amtrak wanted to be assured that he could safely perform his duties as an equipment operator. It had the right to hold the Claimant out of service until it could determine that he was physically capable of performing his duties in a safe manner.

The Organization contends that Amtrak's insistence that the Claimant furnish a list of his medications from his physician was unreasonable since he had already listed his medications at his June 15, 1995, examination. However, Amtrak maintains that it did not obtain this information until after he was returned to service. All Amtrak had on June 19, 1995, was the Claimant's verbal account of the medications he had taken during the previous 60 days. In the Board's opinion, Amtrak had the right to require the Claimant's pharmacist or physician to verify these medications in order to make a proper determination of his fitness to return to duty since he had tested positive for opiate metabolites.

The Claimant chose to wait until his physician returned from vacation to obtain the information requested by Amtrak on June 19, 1995. He obtained the list of his medications on July 5 and was approved to return to service on July 6, 1995. Once Amtrak determined that the Claimant was fit to return to duty it immediately released him to return to work. Any delay in obtaining a record of his medications was solely attributable to the Claimant. Amtrak was not responsible in any way for this delay. The claim must be denied as a result.

AWARD