BEFORE PUBLIC LAW BOARD N0. 4633
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
INDIANA HARBOR BELT RAILROAD COMPANY
Case No. 14
Dispute: Claim of the Brotherhood:
That Track Laborer J. Webster, dismissed from Carrier's
service on March 10, 1989, for failure to comply with
instructions relative to IHB's Drug Testing Policy, now
be restored to service.
Findings:
Claimant J. Webster was employed as a trackman and welder by
.a
Carrier. On December 23, 1988, Claimant was instructed to attend an
investigation:
to determine the facts and your responsibility, if any, in
connection with your failure to comply with the Indiana Harbor
Belt Railroad drug testing policy as you were instructed in a
letter dated February 25, 1988, from Assistant Manager Personnel,
Mr. H.C. George, and subsequent letter dated March 22, 1988, from
Supervisor of Administrative Services Mr. B.J. Wotuszak in that
you failed to refrain from the use of prohibited drugs as
evidenced by the urine sample provided on Decmeber 8, 1988,
testing positive.
The investigation took place on March 2, 1989, and as a result,
Claimant was dismissed from service. The Organization thereafter
filed a claim on Claimant's behalf, challenging his dismissal.
This Board has reviewed the evidence and testimony in this case
and we find that there is sufficient evidence in the record to support
the finding that the Claimant was guilty of failing to keep his system
free of drugs subsequent to his return to active service in 1988. The
record is clear that the Claimant submitted a urine sample which
tested positive for cocaine.
Once this Board has determined that there is sufficient evidence
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in the record to support the guilty finding, we next turn our
attention to the type of discipline imposed. This Board will not set
aside a carrier's imposition of discipline unless we find its action
to have been unreasonable, arbitrary or capricious.
In the case at hand, the Claimant was found guilty of a very
serious offense; however, the record also reveals that he has
accumulated 14 years of unblemished service for the Carrier. Given
that lengthy seniority, this Board finds that the action taken by the
Carrier was unreasonable and excessive. Therefore, this Board hereby
orders that the Carrier reinstate the Claimant once he has
successfully completed a drug rehabilitation program. He shall be
returned to work without back pay on a last-chance basis. This Board
finds that if this Claimant is guilty of any future drug related
offenses, the Carrier shall have sufficient basis to terminate his
employment.
AWARD
Claim sustained in part. Claimant is to be returned to service
but without back pay once he successfully completes a'drug
rehabilitation program.
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Neutral 'MemHeA
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far ier M er Organization Member
Date :-
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