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

 STATEMENT OF CLAIM:

FINDINGS: The evidence shows that the Claimant did not -provide a negative urine sample as directed by the Carrier on April 2, 1987.

 These are difficult cases for all concerned, particularly for the Organization. It has forcefully and with skill advanced its many concerns 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.
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stand 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". Accordingl_·,
 the failure to have a-medical person present at 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 program, 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_q. Dom ski Ecce r Muessi J. P. Cassese
 CzVrier er Neutral Membe~ Employee Member

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