File MW-STL-84-11


Parties Brotherhood of Maintenance of Way Employes
 to and
 Dispute Norfolk and Western Railway Company

 Statement
 of Claim: Claim on behalf of J. T. Kelly requesting reinstatement
 and pay for time lost as a result of his dismissal for
 failure to comply with the instructions of Carrier's Medical
 Director and Company Policy.

 Findings: The Board has jurisdiction of this case by reason of
 the parties Agreement establishing this Board.
 Claimant, on April 1985, underwent a return to work
 physical examination which included a drug screen
 urinalysis. The test results there were positive for
 marijuana. Carrier's Medical Director informed Claimant in
 an April 12, 1985 letter, that he must rid his system of
 prohibitive drugs in order to be returned to service.
 Claimant complied with the medical instructions and was
 returned to service by letter June 6. He was advised on
 January 16, 1986 from Dr. Ford that he would be subject to
 periodic retest for a period of three years and that a
 discovery of a prohibitive drug in his system would result
 in his dismissal.
 Claimant on February 27, 1987 underwent another return
 to work physical examination and was required to submit to a
 further drug test. The Claimant again tested positive for
 marijuana on both the Enzyme Immuno Assay (EMIT) screening
 test as well as the more sophisticated Gas Chromatography/
 Mass Spectrometry (GC/MS) test.
 Claimant was notified to attend a formal investigation
 which was postponed three times and finally held on May 6,
 1987. As a result thereof, Carrier concluded Claimant to be
 guilty. He was dismissed from service as discipline
 therefor.
 Claimant was accorded the due process to which entitled
 under his discipline rule.
 There was sufficient evidence adduced to support
 Carrier's conclusion that he was culpable. His allegations
 that he is a victim of false positive results caused by his
 use of penicillin and durices must fall. The Board
 concludes that argument to have no merit because of the
                        -2- Award No. 100 - /'7&O


        quality of the tests employed which have been referred to in previous awards of our Board. The Carrier's medical drug policy has been judged to be reasonable and the tests sophisticated and reliable. We find nothing in this record to be a basis for setting Carrier's decision aside on the grounds of the Carrier's test was false positive.


            In the circumstances, this claim will be denied.


Award: Claim denied.

 S. . a ons, Jr., p oyee Member . . Mi ler, Car ' ember

Arthur T. Van Wart, Chairman

and Neutral Member


Issued August 30, 1989.