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

STATEMENT OF CLAIM:



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 fortyfive (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 Claimant failed to keep his system free of prohibited drugs. Consequently, he was dismissed from the service.





.~ ~. ,- ,
F.~ !c Domz ki Eckehard uessig, J. P. Cassese
CdiAer M r Neutral Member Employee Member

Dated: Sepf. a'f 1991