PARTIES Brotherhood of Maintenance of Way Employes
 to -' -and-
 DISPUTE: Consolidated Rail CorT)oration

 STATEMENT OF CLAIM:

FINDINGS: Subsequent to an investiqation, it was found that the Claimant had failed to keep his system free of prohibited drugs and he was separated from the service.
 Page No. 2

 These are difficult cases for all concerned, particularly for the-_ Organization. It has forcefully and with skill advanced its many con- - cerns with respect to the application of the Carrier's Drug Policy. 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 personnel at the hearing held on this matter who could speak authoritatively about the validity of the urine test and be crossexamined so that relevant information could be elicited.
 The Board has carefully considered these contentions. we understand the points raised by the Organization,and do recognize that they are not without merit in 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 accuracy 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 cross-examination does not fatally flaw the fairness of the proceedings.
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 of
 its employees, as noted earlier. The substance of the Carrier's prograr
 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. .J. Domza $ki Eckehar MuessitJ - J. P. Cassese
 Carrier Memtatr Neutral Member Employee Member -

 Dated: 6 -q-r1,0
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