File MW-MOB-85-39


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

 Statement
 of Claim: Claim on behalf of M. J. Fisk 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, returned from furlough and on June 26, 1985,
 underwent a return to work physical examination including a
 drug screen urinalysis. He was notified by Dr. Ford, the
 Company's Medical Director, on July 18, 1985 that he had
 tested positive for marijuana. The Claimant was given the
 warning and notice that he must supply a negative sample
 within 45 days before he could return to service. He was
 informed by letter, dated August 29, 1985, that he had not
 yet provided a negative sample, that Claimant would have 45
 days from that date to do so and that failure to do so would
 result in dismissal. The 45 day time limit expired on
 October 14, 1985 without Claimant presenting a negative
 sample or entering the DABS program.
 Consequently, the Claimant was notified to attend a
 formal investigation on November 8, 1985. It was postponed
 and finally held on March 21, 1986. As a result thereof,
 Carrier concluded that Claimant was guilty as charged. 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, including
 Claimant's admissions, to support Carrier's conclusion that
 he had failed to provide a negative urine sample within 45
 days and that he did not enter the Carrier's DARS Program in
 the interim.
 The discipline imposed was reasonable and consistent
 with similar handling of similar matters in the past. This
 claim will be denied.
                          -2- Award No. 97 - /76 a


Award: Claim denied.

 S. A. Hammons, Jr., oyee Member . J. Mi e r, Carr' Member

Arthur T. Van Wart, Chairman

and Neutral Member


Issued August 30, 1989.