File MW-FTW-86-26


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

 Statement
 of Claim: Claim on behalf of J. Taylor requesting that he be
 reinstated with pay for time lost as a result of his
 dismissal for failure to comply with instructions of
 Carrier Medical Director and Company Policy.

 Findings: The Board has jurisdiction of this case by reason of
 the parties Agreement establishing this Board.
 The Claimant was recalled from a furlough. He
 underwent a routine return to work physical examination
 which included a urinalysis drug screen on February 12,
 1986. The urine sample provided by Claimant on February 12,
 tested positive for THC (marijuana). A confirmation test
 (GC/MS) showed 192 NG/ML which confirmed the initial
 positive reading.
 Carrier's Medical Director, Dr. Ford, wrote Claimant
 instructing him to provide a negative sample within 45 days
 and that failure to do so would subject him to dismissal.
 Claimant failed to provide a negative sample as instructed.
 Claimant was required to then attend a formal
 investigation on the charges of failure to comply with
 Carrier Medical Director's instructions to provide a
 negative sample and he did not enter the Carrier's DARS
 Program.
 As a result of the investigation held on July 1, 1986
 Carrier concluded that Claimant was culpable of the charge
 particularly on his assertion that he had not provided the
 negative sample as required. Claimant was dismissed from
 service as discipline therefor.
 The record reflects that the chain of custody on the
 urine sample taken on February 12, 1986 was not broken, that
 the two screening tests, the Enzymes, Immuno Assay method,
 and the Gas Chromatography/Mass Spectrometry (GC/MS), used
 to confirm the results are extremely reliable. In fact,
 100% reliable as a Mayo Clinic study stated:
 "If a positive test result will put the patient in
 considerable jeopardy and the screening result is the only
                                    ~L~ 17Ga

                          -2- Award No. 96


          evidence of drug use, confirmatory testing is imperative. Of the confirmatory tests, GC/MS seems to have the specificity necessary to provide a high level of confidence in the results. A combination of EMIT procedure with the sensitivity level of 20 n8/ml and GC/MS confirmation yields virtually 100% in detection of marijuana abuse."


            Further, the organization's own BMWE Journal in May

          1987 confirmed that the latter was the most rel-iable urine

          test.


        Claimant's answer that he "forgot" because of personal matters to request a retest and other arguments appear to affect Claimant's credibility. This claim will be denied.


Award: Claim denied.

 S.A. amnons, Jr. , p oyee Member . . Mi er, Car er Member

                          zc~

                Arthur T. Van Wart, Chairman

                    and Neutral Member


Issued August 30, 1989.