PUBLZC LAW BOARD No. 4381: CASE No. 38
BROTHFF&3DOD OF MAINUNANCE OF WAY EMPIDYEES
V.

 BUR== ERT RA V ROAD





7hee sequences of events in this matter is important for a decision.

 February 79, 7984 Mr. Mnhlmenn voluntarily entered a medical unit
 for treatment of chemical dependency.
 March 19, 7984 Mr. Mohlma_n released from the medical unit.
 March 29, 1985 Mr. Mnhlmann underwent a routine medical
 emmina tyon.
 April 18, 7985 Based upon positive test results for marijuana
 in his system, Mr. Mnhlmann was requested Jay
 carrier Medical officer to contact the &>ployee
 Assistance Counselor within seven (7) days.
 May 1, 1985 Employee Assistance Counselor advised the
 Medical Offlcez' that Mr. Mchlmann had riot made
 contact.
 June 7, 1985 Mr. MchImm had not yet contacted Employee
 Assistance Counselor; Medical. Officer asked
 Division Superintendent to remove Mr. Mohlmann
 from service and to place Mr. mchtmann on
 medical leave.
 Mine 21, 1985 Division superintendent sent Mr. Mchlmann a
 certified letter notifying him of hiss removal
 from service and placement on medical leave.
 June 25, 1985 certified letter refused
                                                U381-38


July 1, 1985 Mr. Mchlmann removed from service

 July 8, 1985 Following meeting with Employee Assistance
                  Counselor, Mr. M:hlmann returned to service. -


There is no evidence in the record of this case that Mr. Mohlmann was at any time disciplined. To the contrary, it is clear that the carrier was dealing with the test results as a medical matter. Since only a little over a year had passed between Mr. Moh7mann's release foam the treatment unit and the time of the urinalysis test, the Carrier had reasonable grounds for concern when Mr. MnhImann tested positive for marijuana metabolites in hiss system.

    a~mm*iing to the organization:


    "Inasmuch as the Claimant did not have a chemical dependency problem and since he had no questions con cerning the results of his physic examination, he did not contact the Employee Assistance Counselor." (Organization's submission)


Mr. Mnhlmann took it upon himself to disregard the Chief Medical Officer's request that he contact the Erployee Assistance Counselor. If Mr. Mnhlmann dieted the test results and the elusion based upon those
 results, Mr. Mnhlmann d have initiated a Rule 41 review by a neutral -
 medical authority.

 For reasons not made clear in the record of the case, the Carrier permitted Mr. Mnhlmann to work between April 18th and July 1st. Between April 18th and June 7th, no action was taken by the chief Medical officer to compel compliance with hiss request. Additionally, almost a month passed between the date the Chief Medical Officer requested Mr. Mnhlmann's removal frmn service and his actual removal. This record i.5 at variance with the C'arrier's commitment to safe operating practices. The Carrier should not have delayed as long as it did in confronting Mr. Mohlmann with his obligation to either fly with the Chief Medical Officer's request or to initiate a rule 41 review. Nevertheless, it must be stated again, ~in April 1985, the Carrier had reasonable grounds to request that Mr. Mrhlmann contact and cooperate with the Employee Assistance CaUilselor.

 The failure of the Carrier to act in a timely manner does not relieve Mr. Mnh1mann of hiss basic responsibility in this matter". Mr. Mchlmann brought about his loss of income (44 hours) because he chose to disregard the April 18th request from the Chief Medical Officer.

 Given Mr. Ychlmann's medical history of chemical dependency, the review in July 1985 was not irrelevant, even though it certainly was not timely. The organization has not established a convincing argument for the reimbursement of Mr. Mohlaann. His conduct prior to July 1st resulted in his removal. from service and placement on medical leave.
 .. ; - "3 B(-33

            Claim denied


              Ronald L. Mi11er

              Cha=an and Neztral MEmber


                                      r


~~r;tr~y~:. i~l''i~t~t~r~ ~ ' j: :='-fir; _

 Maxine M. Timhorman
 Karl P. Irj:utsen
 Carrier Member (rganl zaticn Member

                      J fit- t~ $ $


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