For 1 NATIONAL RAILROAD ADJUSTMENT



                                          Docket . S -1 1

                                          -3-4- -109


The Third Division consisted of the regular r members and in addition Referee
 Francis . Quinn when award was rendered.

    (Brotherhood of Railroad Signal en TIE T DISPUTE:

                  (The Burlington Northern and Santa Fe Railway n


STATEMENT F CL

"Claim on behalf of the General Committee of the Brotherhood f

ailroad Signal en on the Burlington Northern Santa Fe (BNSF):


      Clai on behalf of . J. Sneberger for his immediate service and payment de for any and all lost ages, includin

      overtime beginning December 27, 2002, en Carrier wrongfully

      removed service an continuin until he is returne t

      service' and remove y and all mention f the investigation an

      discipline assesse in this matter fro his personal record, account

      arrier violate the current Signalmen's Agreement, particularly

      Rule 5, when it faile to rovi e a fair n impartial investigation

      and unfairly issue excessive and unwarranted line against the

      Claimant as a result an investigation held January 23, .

      Carrier's File o. 350 03 0033. General Chairman's File . - -

      -1 -S . BRS File Case No. 12 3 - F."


FINDINGS:
The Third Divisif the Adjustment Board, upon t whole record a all t .evidence, n s tat:
 For age 2

    Award o.7

Docket . 191
 - - -3-1 9

 The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and eloyee within the meanin of a Railway Labor c as approved June 21,1934.

 This Division f the Adjustment oar as jurisdiction over the dispute involved herein.

      Parties to said dispute ere given due notice of hearin thereon.


The Claimant was employed on June 2, 2002, as Assistant i naln. n
 S pteer 16, 22, a tested positive for controlled substance s a result n
 F rando test. The Claimant waive the right to an Investigatio and agree t
 enter the Carriers Employee Assistance Program. The Carrier suspended i
 fro service an reinstated hi on November 19, 2002. a was required to to
 follow-up drug test and tested positive n December 17, 2002.

 review of a record indicates that in is short tenure it the Carrier the Claimant demonstrated that as unwillin or unable to cly it e Carrier's drug and alcohol policy, eve after being given second opportunity o
 . The Claimant violated the conditions set forth by the Carrier with fll knowledge that it would rslt i his discharge. See Public La oar; r 50.

 AWARD
Claim denied.

 E

    This , after r consideration of the dispute identifled

t a war favorable o the Cli tst e.

 ere orders

 TI L ADJUSTMENT
 BOARD
 By Order of Third Division

 ated at Chicago, Illinois, this 27t y f October 2