PUBLIC LATI BOARD NO. 3514

Case No. 312 Award No. 312

PARTIES Brotherhood of Maintenance of Way Emoloyes
to --and
DISPUTE: Consolidated Rail Corporation

STATEMENT OF CLAIM:

Appeal of Trackman, John D. Jefferson, to have his _

discipline of dismissal removed-from his record.

FINDINGS:-- The essential elements of this claim-involve the Carrier's application of its Drua Testing Policy. _ This rolicy, in pertinent part, provides that an employee whose first drug_test is positive will have an opportunity for an evaluation by the Carrier's Employee Counselina__Service. The employee then, in effect, has the following choices.

- If the evaluation reveals no addiction problem, in order to be returned to service a negative drug 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 proaram, the employee - will be returned to service upon recommendation of the treatment program and the Conrail Employee Councseling Service and must provide a negative drug test within 125 days 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 organization has strenuously argued before this Board with we11reasoned contentions, both procedural and substantive, that the claim must be sustained. The Board has carefully considered the Organization's advocacy on this matter and, while the Organization's views are not without merit, we find that the Carrier's position must prevail. In this respect, we particularly note that the Carrier's policy and similar drua addiction policies, have been upheldon numerous occasions by arbitral authority in this industry.
With respect to this claim, the evidence shows that the Claimant failed to comply with the Carrier's April 3, 1987 letter which in-
PLB No. 3514 C-312/A-312
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structed him to rid his system of Cannabinoid and Provide a -heaative urine sample within 45 days.

AWARD

The claim is denied.

F. J. Domzdl~' i Ecte and Mues is _- J. P. Cassese -
CalYrier M6wer Neutral Me er Employee Member
Dated: ~y~usT 31/Q~-°