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

 STATEMENT OF CLAIM: --

FINDINGS: Subsequent to an investigation, the Claimant was found guilty of a charge that he had failed to comply with the Carrier's Drug Testinc Policy. He was separated from the service.
 These are difficult cases for all concerned, particularly for theorganization. It has forcefull:- and with skill advanced its many con--cerns with respect-to-the application of the Carrier's Drug Policy. In this respect, it has- r.,ise.: c:nestions about,-and objections-to the Carrier's testing procedures as well as the Carrier's failure to zroduce medical personnel at the hearinc held on this matter. who could speak authoritatively about the %:alidity of theurine test and be crossexamined so that relevant information could be elicited.
 The Board has carefullv considered these contentions. We under- -:_ stand the ooints raised by the Organization and do recocrnize--that the%%· _ 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 ^ersoh-present at the hearina for cross-=examination does not fatally flaw-the fairness.ofthe 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 numerous 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 opportunityto retain his employment. The consequences of his Eailure to comply with the Carrier's direction were of his choice.



. J: Domza,ls~i 'Ecke~'~d Muessi· J. P. Cassese
 carrier Mend Neutral Membe~ Employee Member

 Dated: ~o- ~,-rl0