ATCHISON, TOPEKA AND SANTA FE RAILWAY CO.

AND

BROTHERHOOD OF- MAINTENANCE OF WAY EMPLOYES


STATEMENT OF CLAIM: Carrier's decision to remove former Eastern Region Seniority District No. 1 Trackman T. D. Smith from service, effective April 3, 1995, was unjust.


Accordingly, Carrier should now be required to reinstate the claimant to service with his seniority rights unimpaired and compensate him for all wages lost from April 3, 1995.-


FINDINGS: This Public Law Board No 4244 (the-'Board")finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended. Further, the Board has jurisdiction over the parties and the subject matter involved.


The record shows that on December 23, 1992, former Trackman T. D. Smith (the "Claimant") was placed on medical leave of absence after providing a drug screen which showed the presence of a controlled substance, marijuana. The Claimant was returned to service on February 19, 1993, and he was advised by the Carrier that he would be subject to-periodic testing for the next two years. Further, he was advised that if he provided another positive sample within a 10 year period, he would be removed from service.


The record further shows that on March 22, 1985, the Claimant was required to provide a drug screen sample, and the sample revealed the presence- of marijuana. As a result of the second positive drug screen, the Carrier determined that the Claimant was in violation of Rule 12.0 (formerly Rule 9.0) of the Carrier's policy on the Use of Alcohol and Drugs, January 1, 1995. Thus, in a letter dated April 3, 1995, the Claimant was advised that his seniority and employment were terminated.

LIZLf4
 Award No. 178
 Page No. 2

 Based on a review of the evidence of record, the Board finds that the Claimant violated Rule 12.0 as alleged by the Carrier. Moreover, under the circumstances of this case, i.e., the fact that the incident of March 22, 1995, is the Claimant's second positive drug sample within a ten year period, the Claimant's removal from service is proper.

 AWARD: Claim denied.

              1~-

Man . Fisher
 Chairman andJNeutral Member

 Clarence F. Foose
 Organization Member

Avx


Gre Griffin

Carrier Member


Schaumburg, Illinois

 Dated: