PUBLIC-LAW BOARD N0. 3514 -
Case No. 311 Award No. 311
PARTIES Brotherhood of Maintenance-ofWay Employes
to -and
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM:
Appeal of Trackman, Ronald E. Fortson, to have his
discipline of dismissal removed from his record.
FINDINGS: Subsequent to an investiaation, the Claimant was found
guilty of violating the Carrier's Drug Testing Policy when he failed
to comply with the-Carrier's instructionof April 19, 1987 to provide
a negative drug screen within 45 days.
Basic to the Carrier's contentions in this dispute is the appli-
cation of-its-Drug Testing Policy. It mainly argues that these policies
are necessary in furtherance of its safety responsibilities to its em=
ployees as well as.the public. It also argues that its practices are
reasonable, offer adequate protection of an employee's privacy and that
it has taken every reasonable effort to ensure that its testing proce
dures are valid and not compromised. Moreover, it has made each em-=
ployee-aware of the Drug Policy,- the reasons for it and the consequences
of non-compliance. The Carrier's Chairman sent a letter to each em
ployee on February 20, 1987 outlining each of these factors. The Car
rier's Drug Policy provides certain options to the employee as summarizes
by the Carrier as follows.
An employee whose first test is positive will be offered the
opportunity for an evaluation by Conrail's Employee Councseling
Service.
- If the evaluation reveals no addiction problem, in order
to be returned to service a necrative druah test must be
provided within a 45-day period beginning with the date
of.the letter notifying the employee of his/her being
withheld from service.
- If the evaluation indicates an addiction problem and the
employee enters an approved treatment program, the employee
will be returned to service upon recommendation of the
treatment program and the Conrail Employee Counseling Service and must provide -a negative drug test within 125-days- -
PLB No. 3514 C-311/A-311 -
Page 2
of the date of the initial positive test. This time
period can be extended by Health Services when warranted.
- An employee who fails to comply with the recommended
treatment plan will be required to provide a negative
drug test within the 45-day or 125-day time period
referred to above, whichever is less, in order to be
returned to service.
The evidence in the case at issue shows that the Claimant receiveda letter, dated April 9; 1987, from the Carrier which instructed him torid his system of Cannabinoid and to provide a -negative urine sample
within 45 days of the date of that letter. The Claimant then took another drug screen test on May 22, 1987 which tested positive for Canna=-binoid. Following an investigation, the information furnished by this -
test triggered the Claimant's dismissal.
We have carefully considered the well-argued and-forceful contentions of the-Organization before this Board. However, the Organization's. advocacy cannot overcome the established facts when these are
considered under the Carrier's Drug Policy, a policy not unlike others
which now have been upheld by numerous Awards. Under the circumstances,
we have no proper basis to set this matter aside.
AWARD
The claim is denied.
.. -J. Domza i Eckehar Mues g J. P. Cassese -
Ctrrier M Neutral Me er Employee Member
Dated: Q~