Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37392
Docket No. SG-38122
05-3-03-3-520
The Third Division consisted of the regular members and in addition Referee
Francis X. Quinn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Canadian National Railway (Grand Trunk District)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Canadian National (formerly CN/Grand
Trunk Western):
Claim on behalf
or
J. M. Brasseur, for return to work and
reimbursed for all lost time, account Carrier violated the current
Signalmen's Agreement, particularly Rule 42, when it improperly
dismissed the Claimant on December 17, 2002, based on a faulty
alcohol test, account the person performing the test was unable to
zero the testing device as required before administering the second
or confirmation test under FRA regulations, specifically 49 CFR
Subpart D 40.65. Carrier's File No. 8390-1-143. General
Chairman's File No. 03-02-GTW. BRS File Case No. 12675-GTW."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act,
as approved June 21, 1934.
Form 1 Award
No.
37392
Page 2 Docket
No.
SG-38122
05-3-03-3-520
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
Assistant Signalman J. M. Brasseur twice failed a breath alcohol test on
December 17, 2002. He was thereby in violation of his September 9, 2002 Leniency
Reinstatement Agreement. The Carrier was within its rights to return the Claimant
to dismissal status when he violated the terms of his Leniency Reinstatement
Agreement. See Third Division Award 28361, as well as Public Law Board No.
6165, Awards 28 and 29.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 24th day of February 2005.