AWARD
NO. 514
Case
No.
547
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. Claim on behalf of Western Region Trackman Manuel Q.,&~amacho
for all lost wages beginning December 14, 1992, as a result of
being medically disqualified following a drug test in which he
tested positive for an illegal substance. Claimant alleged that
the collection process was mishandled by transferring the
collected sample from a house vile to the shipping bottle.
2. Accordingly, Carrier should now be required to expunge the
records pertaining to the aforementioned drug test and compensate
the claimant for all wages lost as a result of being placed on
medically disqualification until such time as he submitted a
clean urine specimen.
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 a claim was filed in behalf of the claimant for
all lost wages beginning December 14, 1992 as a result of being
medically disqualified following a drug test in which the claimant
tested positive for an illegal substance.
The claimant alleges the collection process was- mishandled_by
transferring the collected sample from a house vile (vial) to
the shipping bottle. The claimant alleged that a technician in
Dr. Saurez' office transferred the claimant's collection sample
from a house vile (vial) to a shipping bottle.
The claimant, in an undated letter addressed to the General
Chairman, further alleged that the technician administering the
drug test seemed "unsure of himself or the procedures of the test,
and found himself having to ask a lot of questions of how to go .
about with the testing.",
The Carrier alleges that the Medical Department investigated .the
allegations made by the claimant. The Carrier points up that an
employee of the Medical Department interviewed the.technic.i-an
responsible for the claimant's drug test held on December l; 1992
and pointed up that this laboratory had been utilized by the Carrier for several years without incident and that the technician
Award No. 514
Page 2
in charge of collecting samples is particularly knowledgeable in
the collection procedure. On that basis the Carrier denied the
claim.
The evidence indicates that the Medical Department employee inves
tigating the incident determined that Mr. Serrano, who made the
drug test on December 1, 1992, had been doing drug tests for the
AT&SF since 1989. He also stated that Mr. Serrano denied trans
ferring the collected sample from a house vial to the shipping
bottle and knew this would void the chain of custody.
The claimant contends that there was a big
in which the first urine test was made and
The Board has carefully considered all of
and under the circumstances herein, there
sustain the claim.
AWARD: Claim denied.
difference in the manner
the second test was made.
the evidence presented,
is no justification to
Preston (J/ Moore, Chairman
(111~ ~'
I
"L'__
U on Me ber