Parties
to the
Dispute
PUBLIC LAW BOARD N0. 3765.
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
VS.
GRAND TRUNK WESTERN RAILROAD COMPANY
STATEMENT OF CLAIM
The Carrier violated the Agreement when it improperly
withheld Trackman R. Pippin from service from February
17, 1986 through April 28, 1986.
Claimant Pippin shall be allowed eight (8) hours of
pay at his $11.49 per hour rate of pay for each of
the workdays during the claim period set forth in
Part (1) hereof because of the violation referred to
therein.
OPINION OF THE BOARD
Claimant R. Pippin was employed by Carrier as a Trackman at
Milwaukee Junction. On January 14, 1986, he suffered an on-duty injury. As a result of the injury, he was placed on light duty and
ultimately was subject to a physical examination where a part of the
examination was a urine drug screen. Claimant showed positive for
drugs and was told he would be out of service until he could produce
Case No. 26-
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a drug-free urine sample. Claimant eventually proved to be drug free
on April 29, 1986, and was returned to work on April 30, 1986.
A claim was filed alleging that Carrier had no right to test
Claimant for drugs because he had not been out of service for three
months or more. Such a time limit was mandated by Company policy.
Carrier responded by stating that Claimant had been acting
strangely and that there was some concern that he might be using drugs.
On that basis, a drug test was included as part of his physical examination.
This Board has reviewed the record
and is
compelled to conclude
that Carrier had a right to test Claimant for drugs. When it found
Claimant to test positive for drugs, it had the right to hold him out
of service until he was clean. Claimant controlled his own destiny
in that regard. Carrier agreed to put him back to work as soon as
he produced a negative test. It did so on April 30, 1986. Petitioner
has no valid claim in this instance.
AWARD
The claim is denied.
R. E. Dennis, Neutral Member
A 1-11
,To. A. DeRoche, arrier Member W. :. LaRue, Employe Member
3-8- 90
Date of Adoption