PUBLIC LAW BOARD N0. 3514
Case No. 540 award No. 540
PARTIES -- Brotherhood of Maintenance of Way Employes
to - and -
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM: - -
Appeal of Foreman, Donald L. Durham to have
his discipline of dismissal set aside.
FINDINGS: The Claimant, because of-a-prior offense, was subject to
periodic drug testing during a three year period. On June 26, 1991,
a Carrier Supervisor hand-delivered a letter, dated June 21, 1991, to
the Claimant which ordered him to report for a drug test. Because he
failed to comply with the Carrier's directive to be tested, he was
dismissed.
The Claimant's failure to comply with the Carrier's instruction
was at his peril. Under the circumstances and noting the many Awards
that have delt with similar situations as we find in this appeal,
the Board must deny the claim.
AWARD
The claim is denied. -
F. ,J. Domza i -ckaharduessg P. Cassese,- Sr
K
C bier Me~r Neutral Mem~ Employee Member
Dated: ~-