Parties t,~ diseute_g

      United Transportation Union (CTL<E>


      and


      Norfolk and Western Railway Co.


Statement of claim: -

      Claim made for and on behalf of Moberly Division brakeman G. E. Fristoe for reinstatement to the service of the Norfolk: and Western Railway Co., his record cleared of this incident, and pay for all time lost, asa result of the investigation held February 21, 1986, account failure to comply with Dr. Ford's instructions contained in his letter of December 16, 1985.


OEinio_n of 8o_a_rds

 Claimant was dismissed following his failure to comply with the Carrier's policy on drugs. He was given a urine test and it was positive for marijuana. He did not provide a negative test during the time provided. However. this Board con=sidered the circumstances surrounding that delay, and determined that he should be offered another opportunity. It directed an additional test.

 That was provided on April 8. The results were again positive for marijuana.

 We can not find from the record that Carrier has violated the agreement.

 Fyd_ings- -_

      That the agreement was not violated.


ALar d

      Claim denied. Dated thie 1st day o+ Mav. 1987, at St. Louis, Me.

                    i


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E. ht. Martin, Carrier Memner L . W. Swert, Oro. Member