Case No. 13
PUBLIC LAW BOARD NO. 4823
PARTIES) THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO ) versus
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
"1. That-the Carrier's decision to--remove Illinois -
Division Trackman Calvin Tibbs from service-was-unjust.
That the Carrier reinstate Claimant Tibbs with
seniority, vacation, all benefit rights unimpaired and pay
for all wage loss as a result of investigation held January
12, 1990, continuing forward and/or otherwise made whole,
because- the Carrier did not introduce substantial,
creditable (sic.) evidence that proved that the Claimant
violated the rules enumerated in their decision, and even if
Claimant violated the rules enumerated in the decision,
permanent removal from service is extreme and harsh
discipline under- the Qi-rcumstances.-Il
FINDINGS: -
This Public Law Board No. 4823 finds that the parties
herein are Carrier and Employees within the meaning of the
Railway Labor Act, as-amended, and that this Board has
jurisdiction. - - --
On December -29, 1989, Carrier's Division Manager wrote
the claimant notifying him of formal investigation to be
held concerning the claimant's alleged failure to comply
with instructions of Carrier's- Medical Director in possible
violation of General Rules
B
and C and Rule 1000 of
Carrier's Safety and General Rules for All Employees.
Following the formal investigation Carrier found the
claimant responsible-for violation of the rules cited and he
was removed from service as -a result thereof.-
The formal=-investigation developed that the claimant
was instructed by Carrier's Medical Director (Dr. Khuri) to
provide a supervised urine specimen free of all illegal
drugs (and particularly cocaine)
within 90
-days. Claimant
failed to comply with these instructions,-and he testified
"I have nothing to say about the letters that Dr.-Khuri sent
me. I received them and they read as I read thgm."
Case No. 13 Page 2 AWARD NO. 13-
under the circumstances-ofthis particular -case and in
view of the serious nature of the violation, the claimant's
removal from service was entirely appropriate.
AWARD: Claim denied.
C. MichaelOa m~Chai man
Employee embe
Carrier Member
Dated at Chicago, IL