PUBLIC LAW BOARD N0. 4775
Award No. 7
UTU Case 5239-322-23
Parties to dispute: CNW File 2-88-239
United Transportation Union
and
Chicago and North Western
Transportation Company
Statement
of
claim:
Claim of Yardman J. T. Knuth, Eastern 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 5, 1987, at Janesville,
Wisconsih, when charged with an alleged responsibility
for his violation of Rule G while employed as a crew
member of Job 06, on duty at 2:30 p.m., October 15,
1987, Janesville. Request and claim based under
provisions of Yard Rule 23 of applicable schedule.
Opinion of Board:
Claimant was tested for drugs under the federal
regulations following a car moving over a derail.
Claimant showed no outward signs of being under the
influence of drugs or alcohol. He was allowed to continue
his work day. His urine test was returned positive for
cocaine, but no blood test was taken, nor are there any
documents available showing that the blood test was waived.
The investigation was held with the Claimant not present
though Carrier knew where he was and a reasonable estimate
could be made as to when he would be available. Claimant was
in a rehabitation program.
There are aspects of this case which are similar to
those considered by
PLB
No. 4430 in Awards 2 and 9. Because
of the particular circumstances of this case, we will allow
the claim for return to service, but not the claim for pay
for time lost.
Findings:
That the Agreement was violated.
'.
(./3 N a Lf-77S
haw o
Award:
Claim sustained as outlined in Opinion of Board.
Dated this 15th day of March, 1990, at Chicago IL.
Carrier is directed to make this Award effective
forthwith.
r:
ohn B. Criswell, Neutral Member
D. F. Markgraf, Orgsfi z ion Member
Yzs~
J. . Harvieux, Carrier Me er