PUBLIC LAW BOARD N0. 4262
Parties
to the
Dispute
AMTRAK
SERVICE
WOR17M COUNCIL
Va.
NATIONAL
RAILROAD PASSENGER CORPORATION
STATEMENT OF CLAIM
The
Organisation seeks the reinstatement of Train
Attendant Gary F. Chambers, who,was dismissed on
September 25, 1986.'
Cage No. 44
OPINION
OF
THE
BOARD
By letter
dated
September 15, 1986, Claimant
Gary F.
chambers was
directed to appear for an investigative into his alleged violation
of Rules A and G of the Rules of Conduct. Specifically, it was alleged
that
While assigned as Train Attendant at the
New
York Crew Base, September 11, 1986, you failed
to comply with stipulations of Rule "G" Waiver
which you signed on April
e,
1986.
Under the Waiver, Claimant had agreed
to
enroll in as Amtrak
Empbyes Assistance Program and, among other
things,
submit to and pass
a test !or drugs by urine sample each cal endar quarter
for a
period of
-z-
two years. In a urinalysis test conducted on September 11, 1986, Claimant allegedly tested positive for cocaine
and
marijuana.
Following the investigation, the charges were sustained and Claimant was terminated from service,
The Organization maintained that the Rule G Waiver was ambiguous
and not approved by the Organization. Further, the positive urinalysis
test results were neither accurate nor valid and Claimant should have
been given a copy of the test results.
This Board has reviewed the entire record of this case, including
the transcript of the investigation. The Board finds ample basis
in the factaof this case for sustaining the discipline imposed. Claimant
had been cited for prior instances of intoxication and returned to
work on a leniency basis. ,Traces of drugs were found as the result
of a properly administered drug screen, after Claimant had been enrolled
in an Employee Assistance Program. At the same time, we find no evidence that Claimant requested the test results.
Given Claimant's most recent behavior arid his past record, the discipline imposed was appropriate,
AWARD
Claim denied.
C. H. Gold, Neutral Chairman
11
l~lS f"--.
r'·. _
J. Gefa;
Fpioye
Member W. 0. Cole, Carrier Member
/Yd~'~'~ityc'd .STrS.h~
Date of Adoption