NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD NO. 4370
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
BURLINGTON NORTHERN RAILROAD COMPANY
AWARD NO. 44
Case No. 44
Based on suspicion of being under the influence of alcoholic beverages as a result of odor detected and her demeanor, the Claimant was properly subject to a urine test for alcohol. The results, as provided at the hearing by the Carrier, showed that she had tested substantially positive for ethanol.
The Organization argues that the testimony of the Roadmaster was inadequate as to providing sufficient proof of the validity of the testing procedure. The Board does not find this of significance, however, since the Roadmaster was not present during the testing. The hearing record provides documentation which persuades the Board that there was no convincing reason to suggest that the
admitted prior to
to having consumed alcohol during the previous evening her reporting for duty.
(Lieberman) in support of its position. That Award provides no support here, since the circumstances therein were sufficiently at variance with the matter here under review.
Any question as to the severity of the disciplinary action is resolved by the fact that the Claimant had previously been dismissed (and subsequently reinstated) under another Rule "G" violation.
43'7o-~q