PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
 TO )
 DISPUTE ) BURLINGTON NORTHERN RAILROAD COMPANY

 STATEMENT OF CLAIM





other rights unimpaired, his record cleared of the charges leveled
 against him and he shall be compensated for all wage loss suffered,
 including expenses due him.
 OPINION OF BOARD
 As a result of charges dated May 28, 1985, investigation held on June 3, 1985, and by letter dated June 19, 1985, Claimant, a laborer, was dismissed for being under the influence of a controlled substance.
 As part of the same incident described in Award 6 of this Board, Claimant, who was present at the time of that incident, agreed pursuant to the Carrier's request to provide a urine sample on May 20, 1985, which tested positive for the presence of cannabinoids. For the reasons set forth in Award 6, we are of the opinion that substantial evidence exists in the record to support the allegations against Claimant. We are also of the opinion in this case that Claimant should be permitted to return to service, but only after he passes a return to duty physical examination and drug test, successfully completes an Employee Assistance Program as designated by the Employee Assistance Counselor and does not test positive for drugs for a twelve month period from the date of his return to duty.

AWARD
 Without prejudice to either party's positions concerning the right of the Carrier to test for drugs or the validity of such tests as determinative of the issues raised in the claim, Claimant shall be returned to service with seniority unimpaired but without compensation for time lost subject to the specific physical examination and drug testing requirements and
 conditions set forth in the Interim Award dated July 26, 1988.


                                              L

      E. J. Kallinen P. S. Swanson

    Carrier Member Organization Member


Denver, Colorado
 December 7, 1988

 SEC v E

 JP.N - 1 1989
 ~i

 e~'°ago Office,