PUBLIC LAW BOARD N0. 1760
Award No. 104
Case No. 104
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Norfolk & Western Railway
Statement
of Claim: Claim on behalf of D. J. Trick requesting reinstatement with
all rights unimpaired and with pay for all time lost as a
result of his dismissal following an August 4, 1988
investigation in which he was charged with failure to comply
with the instructions of the Carrier's Medical Director in
that claimant did not keep his system free and clean of
prohibited drugs in accordance with Dr. Ford's letter of
January 24, 1988 and the Carrier Policy concerning drugs.
Findings: The Board has jurisdiction of this case by reason of the
parties Agreement establishing this Board.
Claimant's drug screen urinalysis test performed as
part of return to service physical on April 2, 1985 tested
positive for marijuana. He provided a negative sample in
July 1985 and returned to work but was subject to the
Carrier policy of 3 years of re-testing. Claimant was
retested July 13, 1978 and advised on July 22 that he again
tested positive for marijuana.
A formal investigation was held August 4, 1988. The
Claimant was dismissed August 15, 1988. .
Rule 30 was complied with. Withholding a drug user is
not a violation of the "minor" restriction."
The record is clear. Claimant was on notice as to drug
use. He tested positive. The testing methodology used was
above testing reproach. As the BMWE Journal pointed out, in
part: "the most reliable urine test is the GC/MS."
The discipline was consistent with the published
medical policy. This claim will be denied.
Award:~/,t;laim denied.
.I
. Hamons, Jr., E p oyee Member . F. Mi_l er, r. 1er Member
Arthur T. Van Wart, Chairman
and Neutral Member
Issued October 12, 1989