PUBLIC LAW BOARD NO. 4775
Parties to dispute: CNI? File
2-88-524
United Transportation Union
and
Chicago and North Western
Transportation Company
Statement of claim:
Claim of Conductor J. N. Carter, Suburban Division, for
reinstatement to the services of the Chicago and North
Western Transportation Company, with vacation and
seniority rights unimpaired, in addition to the payment
of any and all health and welfare benefits until
reinstated, and that he be compensated for any and all
lost time, including time spent attending an
investigation held on November 11, 1987, at Chicago,
when charged with responsibility for his failure to
comply with Rule G and Rule G (Addition), as contained
in Part 3 of Suburban Division General Order No. 1,
effective 12:01 a.m., January 1, 1987, while he was
employed as Collector on Train No. 3010, Crew 37, Job
7237 on October 22, 1987.
Opinion of Board:
Claimant was a member of a crew which was involved in an
accident. The train on which he worked backed into another '_
train. He and others were taken for tests under FRA drug and
alcohol testing procedures.
We are told that the urine and blood samples, because of
a faulty chain of custody, were not progressed to test. We
do not know further details.
Claimant was given a breath test, shown positive at .05.
The first was completed at 4:40 and the second started at
4:48. The FRA guideline says:
"If an initial test is positive, the employee shall be
tested again after the expiration of a period of not
less than 15 minutes, in order to confirm that the test
has properly measured the alcohol content of deep lung
air."
Obviously the regulations were not complied with.
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:-
Findings: -
That the Agreement was violated.
Award:
Claim sustained.
Dated this 15th day of March, 1990, at Chicago IL.
Carrier is directed to make this Award effective on
or before 30 days date.
John B. Criswell, Neutral Member
,
_ D. F. Markgraf, Or an ti Member
l/J'
JPi. Harvieux, lCarrier Heafber