BEFORE PUBLIC LAW BOARD NO. 1837
Brotherhood of Maintenance of Way Employees
and
Norfolk and Western Railway Company
Case No. 76
Statement of Claim: Claim of the System Committee of the
Brotherhood that:
1. The Carrier violated the Agreement when it improperly
withheld Trackman Gary L. Overly from service from June 19
1989 through July 5, 1989 (File MW-FTW-89-23).
2. Trackman Overly shall now have his record cleared of the
incident and compensated for one hundred and four hours at his
respective straight time rate of pay.
Findings:
On June 9, 1989, Claimant furnished a specimen for
urinalysis as part of a back-to-work physical examination; the
results of the drug screen were positive for cocaine. The
Claimant was removed from service on June 19, 1989, and told that
he had 45 days in which to submit a negative specimen. Claimant
submitted a second sample that same day which tested negative,
and he later was returned to service.
The Organization filed a claim on the Claimant's behalf,
contending that the Carrier improperly withheld the Claimant from
service. The claim contended that the Claimant was told by his
supervisor that if he were to provide a negative sample on the
date that he was removed he would be paid for all lost time.
The Carrier denied the claim, the organization appealed, and the
claim now is before this Board for adjudication.
This Board has reviewed the record in this case and we find
that the Organization has not presented sufficient evidence that
,qwo ?b- /837
the Carrier's urine test was in error or that there were any
promises made to the Claimant about payment for his lost time.
Therefore, the claim must be denied.
The record in this case indicates that the Claimant was
withheld from service until the Carrier was completely convinced
that the Claimant's system was free of all illegal substances and
that it was safe to allow him back to work. Claimant, himself,
had waited a long time before retaking the test. There was no
discipline; nor was the Claimant denied any of his rights. The
carrier has a right to determine whether an employee is fit for
service before it puts him back on the job. The Carrier did this
in a reasonable amount of time. Therefore, the claim must be
denied.
AWARD
Claim denied.
i
P ERR. EYERS
Neut al ember
Carrier embe Organs ti Member
Dated:
0c.'T.
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