AWARD NO. 449
Case No. 483
PUBLIC LAW BOARD NO. 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 Colorado Division Trackman
Robert Ayala from service, effective November 5, 1987. was unjust.
2. Accordingly, Carrier should be required to reinstate claimant'
Ayala to service with his seniority rights unimpaired and compen
sate him for all wages lost from November 5, 1987.
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 medically disqualified following
a medical examination which resulted in a positive finding for both
marijuana and cocaine.
By letter the claimant was notified to provide a negative urine
specimen within 90 days of receipt of the letter. The claimant
was further advised that failure to provide a negative urine specimen within 90 days would result in the General Manager and Superintendent being informed regarding the results of his test, and his
case would then be handled as a disciplinary matter.
The claimant was further advised that if he had a problem ridding
himself of drugs, he was strongly urged to see the Employees'
Assistance Counselor in the area. The claimant admitted receiving
the letter containing all this information.
Then by letter dated September 23 the claimant was advised that the
deadline for providing a clean urine specimen ended on October 9,
1987 and was again warned that failure to do so would result in
disciplinary action. The claimant admitted that he received this
letter.
The evidence establishes that the specimen chain of custody and
the identification of those drugs was established. The evidence
further establishes that the claimant would have been reinstated
had he provided a drug-free urine specimen at any time between
July 7 and October 9, 1987.
_ Award No. 449
Page 2
The Board has examined all the evidence of record, as well as the
exhibits submitted by the parties. The contentions raised by the
Union have been carefully considered. The Board finds there is
no justification to set the discipline aside.
AWARD: Claim denied.
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.Preston J/'Moore, Chairman
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