PUBLIC LAW BOARD N0. 4061
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Mot
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- !;.F:>>~ Case No. 27
kp:. _
tt~us~.-_.ei `:i.C~drT1n Award No. 27
Farties_ to _ dis_eu_te__
United Transportation Union
and
Norfolk and Western Railway Company
Statement of claim:
Claim made for and on behalf of Decatur Division,
Forrest District brakeman C. W. Fonville for
reinstatement to 'the service and pay for all time lost,
as a result of the investigation held May 19, 1985,
account his failure to comply with Dr. Ford'=_
instructions of January 14, 1986, and company policy.
gginion of Board:
In 1985, claimant was given a physical examination and
the urinalysis was positive for marijuana. During the 4Z
days given employees to shoo-: e. negative test, claimant
complied and returned to service. As a condition to that
return to service claimant understood he would be tested
periodically for the following three years. Letters on this
specific point were written to him.
On a subsequent test, during 1926, claimant's test was
positive (283 NG/ML)- and he was dismissed.
The organization complains that on the first charge the
date of test was incorrect, a typing error later corrected.
Further, it argues that the investigation was held beyond the
time limit.
The Carrier has approached this and other cases with the
view that the time limit began when the Carrier's highest
officer handling appeals was award of the violation. That is
inconsistent with awards on the subject, holding that the
Carrier's various officers, such as Dr. Ford, trigger the
time limit when they become aware of an offense, especially
one: so =elf--evident. While we do not believe in this and
other cases in this series are fatally flawed because of the
borderline handling, the Carrier is notified that its medical
dc-partmecit is held to they same standards ors others, such as
the special agents, to move promptly and within the
restrictions of the agreement.
y dw-
~~
Claimant clearly violated the important drug rules and
standards of the Carrier by testing positive a second time
during the "probation" period.
Findings:
That the agreement was not violated.
Award:
Claim denied.
Dated this 15th day of April, 1987, at St. Louis, Mo.
_ __
Jc~yn B. Cr swell= Neutral Member
L. W. Swart, Organization Mr
i
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E. M. Martin, Carrier Member
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F:-qe C
F LP No. .:~.~t:. H~..a, ..d Nc. 27