File MW-MPR-81-12


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

 Statement
 of Claim: Claim on behalf of R. D. LeMay for reinstatement
 and pay for time lost as a result of his dismissal for
 failure to comply with 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 following a furlough and
 underwent a physical examination, on May 28; 1986, which
 included a drug screen urinalysis. The results of said test
 showed positive for marijuana. Carrier's Medical Director
 then wrote Claimant advising him void a negative sample
 within 45 days or enroll with Carrier's DABS Program and
 that failure to comply with the instructions would result in
 his dismissal. The deadline for compliance ended on July
 20, 1986. Claimant had neither entered the DABS program nor
 submitted the negative urine sample by that date.
 As a result the Claimant was notified to attend a
 formal investigation for his failure. As a result of the
 investigation held on August 26, 1986 Carrier concluded
 therefrom that the Claimant was guilty. He was dismissed
 from service as discipline therefor.
 Claimant was accorded the due process to which
 entitled. There was sufficient evidence adduced, including
 Claimant's admissions of guilt, to support Carrier's
 conclusion of culpability.
 The discipline assessed was reasonable, consistent and
 uniformly applied. This claim will be denied.

 Awar : Claim denie

    roffffimn ons, Jr, p oyee Member . . Mi er, Car ember


'Arthur T. Van Wart, Chairman

and Neutral Member


Issued Aug??st 30, 1989.