NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD NO. 4768
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
BURLINGTON NORTHERN RAILROAD COMPANY
AWARD N0. 20
Carrier File No. 1MWB 89-02-02D
Organization File No. S-P-407
STATEMENT OF CLAIM
Claim on behalf of B. A. Vandenberg, Machine
Operator on Seattle Regional Steel Gang #1, who
was dismissed from service of the B.N. RR, effective
September ti, 1988 as the results (sic) of the
Investigation held August 31, 1988 for the alleged
violation of Rule G.
This Claim is to return Mr. Vandenberg to
service of the B.N. RR Co. with pay for all-time
lost, the removal of this Investigation from his
personal records, and for all seniority lost that
he could have received had he been working.
F I N D I N G S
Following an investigative hearing, the Claimant was
dismissed from service for violation of Rule G while employed
as a Machine Operator on Steel Gang No. 1 on August 11, 1988.
The Claimant was one of 33 members of the Steel Gang who were
directed to undergo urinalysis drug testing under the circumstances reviewed in Award No. 19, the Findings of which are
incorporated herein by reference.-
PLB No. 4768_
Award No. 20
Page 2
The
the Carrier
on August 11, 1988
on August 15, 1988,
cocaine. The Boar
single difference involving this Claimant
contends that the urine sample initiall was "diluted", and a second test
which provided a positive resul d finds no error in this retesting
The Claimant herein had been found guilty of a
Rule G violation in 1985.
The Board here reaches the same conclusion as in Award
No. 19, to the effect that the testing itself was not based
on any probable cause directly related to the Claimant, but
that the circumstances do not warrant payment of back pay or
retroactive benefits, although the Claimant is to be reinstated with seniority rights unimpaired.
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A W A R D
Claim sustained to the extent provided in the Findingq;,The Carrier is directed to put this Award into effect within
thirty (30) days of the date of this Award.
HERBERT L. MARX, JR., Chairman and Neutral Member
MARK HAPPAUG , --E4ieployee Member
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WENDELL A. BELL, Carrier Member
MEW YORK, NY
DATED: j
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