Parties to d_iseute_

      United Transportation Union


      and


      Norfolk & Western Railway Company


S_ta_te_me_n_t gf &!aim:
      Claim made for and on behalf of Decatur yardman G. L.

      Ferderson for reinstatement to the service of the Norfolt,: & Western Railway Company and his record cleared and pay for all time lost, including time necessary to attend the investigation held on March 3, 1986, account his failure to comply with instructions contained in Dr.

      Ford's letter of September 4, 1985.;


O_ginion of Bo_a_rd_

 Claimant, in 1985, took a routine physical. The drug urinalysis was returned positive. Claimant complied with the Carrier's policy and presented a negative specimen within 45 days. He was returned conditionally to service.

 In January, 1986, claimant was given another physical e::amination, and, again, the urinalysis was positive for mariJuana. He was cited for investigation and dismi=ssed.

 The organization says conflicting dates, of the 14th and 15th, were given on certain document=. We are told that claimant actually was in the physician's office for parts of the examination on both days. The question of time limits is raised, and the Carrier must be aware that receipt of the notification of negative findings by the Carrier's medical department requires that all speed be used in meeting the letter of the agreement with regard to time lirtlits in discipline matters.

 Claimant's test showed continued use of control':e,= substance and he was dismissed according to the understanding upon which he was returned to service in 19E5.

 Findings:

      That the agree(r:Er.t was not violated.

                                                      U0W-a-


7

        Award:


            Claim denied.


              Dated this 15th day of April, 19e7, at St. LOUIS, MO.


                        ~. Zjr swell~utral Member

                        r


                                        ___ __ __ __-

                          L. W. Swert, Organization Me=r


                          ---------------

                          E. M. Martin, Carrier Member


                                                            r


1

Feqe

FLE No. 41.ici. i:ward No. 26