File MW-CGO-82-6


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

 Statement
 of Claim: Claim on behalf of Mathew Jones requesting that he be
 reinstated with all rights and be paid for all time lost
 due to his dismissal for failure to comply with instructions
 of Carrier's Medical Director.

 Findings: The Board has jurisdiction of this case by reason of
 the parties Agreement establishing this Board.
 Claimant alleged that on November 30, 1987 he suffered
 an on-duty injury. Although he said he did not need medical
 attention that day, when reporting to work the following day
 he requested to see a physician. He was given a complete
 physical examination including x-ray and urinalysis. The
 results thereof reflected positive for codeine and cocaine.
 He was withheld from service pursuant to medical policy.
 Claimant had been given a return to service physical
 examination on June 27, 1986 which reflected positive for
 marijuana.
 Pursuant to Carrier's Medical Director, Dr. Ford,
 Claimant produced a negative sample within the required 45
 days. He was therefor approved for work January 15, 1987
 but was advised that he was required to take periodic tests
 over the next three years and should a further test be
 positive that Claimant would be subject to dismissal.
 The physical examination taken on December 1, 1987
 reflected that Claimant had not complied with Dr. Ford's
 instructions and company policy stated in his letter of
 January 15, 1987. He was given a formal investigation
 thereon and as a result thereof, dismissed from service.
 The Board finds no basis for procedural objections.
 There was sufficient evidence adduced to show that
 Claimant had failed to comply with Carrier's well
 articulated medical policy of February 12, 1985 and August
 1, 1985 concerning drugs. It was shown that the chain of
 custody of the sample taken in the instant case was
 maintained and not broken. The two separate tests employed
 on the urine sample included a test using the Enzyme Immuno
 r

                                  -2- Award No. 85 ~/ 7 ~'a


                Assay (EMS) technique and the confirmation Gas Chromatography Mass Spectrometry (GUMS) test. Both tests were positive.


                The Brotherhood in its May 1987 edition of the BMWE Journal confirmed the accuracy of the later test as being:


                "The most reliable urine test is the GC/MS. By measuring the actual atomic weight of each drug in the specimen, this test eliminates false-positives."


                After the showing as to why the tests at issue were reliable, the Board has no proper ground for reversing the discipline imposed. The case cannot be set aside on the assumed grounds that said tests were false-positive. This claim will be denied.


          Award: Claim denied.


          S. A. Hamnons, Jr., p oyee Mem er . Mi ler, rier Member


                            I /~LI/J ~~

                          Arthur T. Van Wart, Chairman and Neutral Member


                          Issued July 27, 1989.