AWARD NO. 446
Case No. 480
PUBLIC LAW BOARD N0. 1582
PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
To )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
1. Carrier's decision to remove former Middle Division Trackman
Strickland Russell, Jr. from service, effective February 17,,1988,
was unjust.
Accordingly, Carrier should be required to reinstate Claimant
Russell to service with his seniority rights unimpaired and compensate him for all wages lost from February 17, 1988.
FINDINGS: _This
Public
Law Board No. 1582 finds that the parties
herein are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
In this dispute the claimant was instructed to report to Oklahoma
City, Oklahoma on January 28, 1988 for an investigation to determine the facts and place the responsibility, if any, with possible
violation of Rules 2, 3 and 16 of the General Rules for the Guidance of Employees, 1978, Form 2626 Std., concerning his alleged
failure to satisfactorily pass a medical examination.
The claimant testified that he took two or three medical examinations for reinstatement to service. He testified that the first
examination was a complete physical, and the other two were
strictly urine.
The claimant testified that he received a letter sometime in
October which told him he had to take a physical examination,
which he took and did not pass, and then he got another letter
advising him that he had to pass one within ninety days by December 28, 1987.
The claimant stated that he was given a list of doctors, and he
picked out a doctor and went there for an examination but all he
had was the urine test. The claimant stated that he signed the
seal which was placed upon the bottle. The claimant stated that
he received a letter
through the
mail stating that he did not pass
the urine test.
Assistant Division Engineer T. B. Schmidt testified that claimant
took three medical examinations. He testified that the first
Award No. 446
Page 2
examination tested positive for THC, which is commonly referred
to as marijuana. He testified that the results of the second
examination taken on November 25, 1987 also tested positive for
THC and PCP. He testified that the results of the third examination of the urine sample taken December 28, 1987 also showed
testing positive for THC and PCP. He testified that THC and PCP
are controlled substances commonly known as drugs.
The claimant testified that he had received a letter stating he
had ninety days to provide a clear urine sample. He stated he
was aware that as an alternative to standing the investigation,
he could contact the Employee Assistance Counselor and go under
his care.
The Board has reviewed all the testimony of record and finds the
Carrier had sufficient and just reasons for the termination of
the claimant's employment. Under the circumstance herein there
is no justification to set the discipline aside.
AWARD: Claim denied.
Preston. Moore, Chairman
i
Union. M mber
Carrier Member