PUBLIC
LAW
BOARD DLO. 3514
Case No. 485 Award No. 485
PARTIES Brotherhood of Maintenance of Way Employes
to -and-
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM:
Appeal of Machine Operator, Gary A. Kaczala, to have
his discipline of dismissal set aside.
FINDINGS: The central issues in this case are concerned with the
applications of the Carrier's Drug Testing Policy. On February 20,
1987, the Carrier's Chairman and Chief Executive officer sent a letter
to each employee in which he explained the Carrier's concern for safety
and how the use of illegal drugs by employees impaired its operations
and, threatened the safety of the public. A summary of its Drug Policy
was attached to each of these letters.
A key feature of the Drug Policy provides the employee with an
option for an evaluation by the Carrier's Employee Counseling Service.
If this evaluation.shows that the employee does not have an addiction
problem, the employee must provide a negative drug test Within forty-five (45) days. In those cases where the evaluation indicates an addiction problem and the employee enters an approved treatment program, he
may be returned to service upon appropriate recommendation and he must
provide a negative test within 125 days of the date of the initial
positive test.
The record shows that the Claimant had been put on notice to keep
his system free of all prohibited drugs. However, because his urine
sample tested positive for cannabinoid, he was separated from the service
AWARD
The claim is denied. -
F. ` : Domz i I E~ccearduessig ; J. Cassese -
Cav,rier M r Neutral Member ' Employee Member
Dated:
S~o~-, -