PUBLIC LAW BOARD NO. 4061
Case No. 33
Award No. 3.
Parties tQ d_is_gute_
United Transportation Union
and
Norfolk & Western Railway Company
gtsa_temgnt gf
elAAim_
Claim made for and on behalf of Detroit yardman K.
R. Walker for reinstatement to the service of the
Norfolk and Western Railway Company, his record cleared
of this incident and pay for all time lost, including
time lost as a result of the investigation held July 8,
1986, account failure to comply with instructions of Dr.
G. W. Ford, Medical Director, to keep his system free of
prohibited drugs.;
Op1n_ign
21
22A_r91
'
Claimant was given a drug urinalysis as part of a 1985
physical examination. The results were positive. He
complied with the Carriers drug policy, gave a negative
specimen during the 45 days, and was conditionally returned
to service. In June, 1986, he was given a return-to-service
physical which included a urine test, and it was found
positive. He was cited for investigation, and, under the
drug policy, dismissed.
The organization points out that claimant went to a
private physician a few days following the test by Carrier,
had a urine analysis conducted, and that the test was
negative. Significantly, the carrier's test showed
claimant's level was 58 ng/ml, while the private test began
testing at 100 ng/ml and above.
We do not find the private test convincing that the
first test was in any way flawed.
Further, the Carrier has an obligation to provide all
reasonable assurances that the urine has been handled in such
a way that it is clearly that of the individual credited.
That obligation extends to the individual when he undertaLes
a private test. He must also introduce evidence that is
convincinq to show that he was, in fact, the one who provided
the specimen.
We can only conclude that claimant tested positive
L(OG
I -33
during the probation period of the agreement under which he
returned to Carrier's service.
Fin4in_gs_
That the agreement was not violated.
Aw rd:
Claim denied.
Dated this 15th d April, 1987, at St. Louis, Mo.
John S. Criswell, Neutral- Member
L. W. Swert, Organization I(Ie~ber
E. M. Mar-tin, Carrier Member
Faqe 2 .
FLH No. 4i,S1. Award Nn. V