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

 STATEMENT OF CLAIM:

FINDINGS: The record shows that the Claimant failed to refrain from the use of prohibited drugs.
 These are difficult cases for-all-concerned, particulariv for the. Organization. It has forcefully and with skill" advanced its many concerns with respect to the arplication of the Carrier's Drug Polic%·. In this respect, it has r,,ise('. q:irstions about,-arld objections to the Carrier's testing procedures as ::ell as these Carrier's failure to ::roduc~,.

medical personnelat the hearin:: held on this matter. who could speak authoritatively about the.val_idit;· of the urine test and be crossexamined so that relevant information could be elicited.
stand the points raised by the Organization 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 it the hearing for cross--
 examination 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 of 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 opportunity to retain his employment. The consequences of his failure to comply with the Carrier's direction were of his choice.

      The claim is denied.


F.%J Domza i Eckehar /Muessiq / J. P. Cassese
 Cagier Me Neutral ,tembe~ Employee~iember
 Dated: (D - ill- .919 - _