File MW-MOB-86-21


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

 Statement
 of Claim: Claim on behalf of M. C. Lampkin for 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 to work on August 3, 1987 after an
 illness. He underwent a routine return to work physical
 examination which included a urinalysis drug screen. The
 urine sample tested positive for THC (marijuana). A
 confirmation GC/MS test showed 356 MG/ML which affirmed the
 positive reading.
 Claimant received a letter, dated August 11, 1986 from
 Carrier's Medical Director informing him that he was not
 permitted to return to service because of his positive
 testing, that he had to rid his system of marijuana and
 other prohibitive drugs and present a negative urine sample
 within 45 days of the date of said letter or be subject to
 dismissal. The Claimant was also advised that if he had a
 physical dependency on marijuana, or other drugs, that he
 could seek help from the OARS counselor or enter the DARS
 Program. The letter was sent Certified Return Receipt
 Requested.
 It was received. However, Claimant failed to provide a
 negative sample within 45 days and he did not enroll in the
 DABS Program.
 Claimant was sent a notice to attend a formal
 investigation in the connection with the incident. He
 failed to appear at the October 19, 1987 investigation.
 Attempts were made to try to contact Claimant by telephone
 but it was no longer a working number. The Union
 Representative did not know of his whereabouts and he had
 not received a request for postponement. Thus the
 investigation was held in absentia. As a result thereof,
 Carrier concluded Claimant to be guilty of the charge. He
 was dismissed from service as discipline.
 J

                              -2- Award No. 98 - ~~a


              The Claimant was accorded the due process to which entitled under his discipline rule.


              There was sufficient evidence adduced to support Carrier's conclusion as to Claimant's culpability.


              The discipline imposed was consistent and uniformly applied along with the Carrier's drug program. This claim will be denied.


      Award: Claim denied.


        . A. amnons, Jr ., oyee Member . . Miller, Car 'er Member


Arthur T. Van Wart, Chairman

and Neutral Member


      Issued August 30, 1989.