PUBLIC LAW BOARD NO. 3514
Case No. 538 Award No. 538
PARTIES Brotherhood of Maintenance 6f Way Employes -
to - and -
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM:
Appeal of Trackman, Michael A. McCoy, to have
his discipline of dismissalset aside.
FINDINGS: The Claimant was subject to drug testing for a period of
three years because of his earlier transgression concerning prohibited
drugs. During this three year period, on May 16, 1991, his urine
sample tested positive for cannabinoids. This incident led to his
dismissal and the claim now before the Board.
The evidence adduced from the hearing held on the Claimant's case -
shows that he was guilty of the offense-. Many Awards in this industry
have denied claims that arose under similar circumstances as we find in
this case. Therefore, we must deny the claim.
AWARD
The claim is denied.
F. J: Domza i ·ck d Muess ' . P. Cassese, Sr.
Crier Me a Neutral Me r Employee Member
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