BEFORE PUBLIC LAW BOARD NO. 1837
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
NORFOLK AND WESTERN RAILWAY COMPANY
Award No. 81
STATEMENT OF CLAIM: Claim of the Brotherhood that:
Claim on behalf of J. Darbin requesting that he be reinstated and paid for
time lost, as a result of his dismissal from service following investigation
held on July 17, 1992, in connection with failure to comply with
instructions of Carrier's Medical Director and Company policy by not
keeping his system free of prohibited drugs.
Upon the whole record and all the evidence, after hearing, the Board finds that the
parties herein are carrier and employee within the meaning of the Railway Labor Act, as
amended, and this board is duly constituted by agreement under Public Law 89-456 and
has jurisdiction of the parties and subject matter.
This award is based on the facts and circumstances of this particular case and shall
not serve as a precedent in any other case.
This Board has reviewed the evidence and testimony in this case and we find that
there is sufficient evidence to support the finding that the Claimant was guilty of testing
positive for cocaine in a follow-up test on September 23, 1991. The Claimant had
previously tested positive for cocaine in September of 1989. He subsequently satisfied
the criteria for a return to service and was subject to follow-up tests for the next five years
pursuant to the Carrier's drug program. He failed in his attempt to keep his system free
1?37- Awv pl
from prohibited substances in accordance with the Carrier policy.
Once this Board has determined that there is sufficient evidence in the record to
support the guilty finding, we next turn our attention to the type of discipline imposed.
This Board will not set aside a Carrier's imposition of discipline unless we find its actions
to have been unreasonable, arbitrary or capricious.
There have been numerous cases on this Board and others between this
Organization and this Carrier which have upheld discharges of employees who have
failed to keep their system free of prohibited drugs in accordance with the Carrier policy
after incurring the initial positive test. See Special Board of Adjustment 1048 Awards 13,
17, 22, 23, 24, 30, and 31 and Special Board of Adjustment 1049 Awards 19, 24, and 28.
Given the background of this Claimant and the previous holdings of these Boards,
this Board cannot find that the Carrier acted unreasonably, arbitrarily, or capriciously
when it discharged the Claimant. Therefore, the claim will be denied.
AWARD
Claim denied.
D. . artholomay
Organization Member
DATED:
Peter R. Meyers
Neutral Member
E. N. Jacobs r.
Carrier Member
DATED
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