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

 STATEMENT OF CLAIM: -

FINDINGS: The evidence showsthat the Claimant failed to provide a negative drug screen within forty-five (45) day time period as instructed by the Carrier.
Organization. It has forcefull:· and with skill advanced its many con
 cerns with respect to the application of the Cariier's Drug Policv.
 r
 In this respect, it has raised ,-:u·cstions about,oand objections to the
 Carrier's testing procedures as--.:ell as the Carrier's failure to produce
 medical personnel at the hearing held on this matter who could sneak
 authoritativelv about the *:ali:!it:· o°_ the urine test and be cross
 examined so that relevant inf^rmation could be elicited. -
 The Board has careful'.-.- 7cnsillered these contentions. we under- - stand the points raised by the --rcanization and do recognize 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 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 if°~alinounced 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 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 opportunity to retain his employment. The consequences of his failure to comply with the Carrier's direction were of his choice.



F.IJ,·: Dom ski Eckeh ~uessig-J. P. Cassese
 Ca&rier er Neutral J?ember/ Employee Member

 Dated: b"-'/-p0 - -_