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

 STATEMENT OF CLAIM:

FINDINGS: The central issues in this case are concerned with the applications of the Carrier's Drug Testing Policy. on February 20, 1987, the Carrier's Chairman and Chief Executive Officer sent a letter to each employee in which he explained the Carrier's concern for safety and how the use of illegal drugs by employees impaired its operations and threatened the safety of-the public. A summary of its Drug Policy was attached to each of these letters.
 A key feature of the Drug Policy provides the employee with an option for an evaluation by the Carrier's Employee Counseling Service. If this evaluation shows that the employee does not have an addiction problem, the employee must provide a negative drug test within forty-five (45) days.- In those cases where the evaluation indicates an addiction problem and the employee enters an approved treatment program, he may be returned to service upon appropriate recommendation and he must provide a negative test within 125-days of the date of the initial positive test.
 The Claimant had been instructed to provide a negative urine sample or to contact the Carrier's employee Counselor. The record shows that
 he took no action and was dismissed from the service. -
 PLB No. 3514 C-327/A-327 -
 Page 2

 These are difficult cases -for-all concerned, particularly for-=::e-_ Organization. it has forcefull:--and with skill advanced its many con- - cerns with respect to the apclication of the Carrier's Drug Polic,:. In this respect, it has raised questions about and objections to the Carrier's testing procedures as well as the Carrier's failure to produce medical personnelat the hearing -held on this matter who could speak authoritatively about the validit;, of the urine test and be cross--examined so that relevant information could be elicited:
 The Board has carefullv considered these contentions. We under- - stand the points raised by the Organization and do recognize that t'_^.evare not without meritin certain situations. However, the record here shows that the Carrier employed a highly reputable testing facility, which used the latest techniques and procedures to assure the accurac,- - of its tests. Therefore-, it is-.established that the test result is a - "medical fact"as distinguished from a "medical opinion". Accordingly, the failure to have a medical person present at the hearing for crossexamination does not fatally flaw the fairness of the proceedings.
 Railroad work is dangerous. The safety of the Carrier's workforce-,
 as well as the public, requires positive measures to ensure that the -.
 inherent dangers are minimized. In furtherance of these efforts, the
 Carrier initiated a drug testing program which it announced to each o_°
 its employees, as noted earlier. The substance of the Carrier's progra:
 as well as ones like it used by other Carriers has been upheld by nu-__
 merous arbitral Awards. Given the established facts of this case, we
 have no basis to arrive at an Award that runs counter to these many
 Awards. In the instant case, the Claimant was put on notice and, in
 effect, he was provided another opportunity to retain his employment. -
 The consequences of his failure to comply-with the Carrier's direction
 were of his choice.





F.'t'. Do za i ckeha .uessi J. P. Cassese
 Crier M r Neutral Membe Employee Member -

 Dated: ~n -~i-QD - - -