. r
NATIO AL MEDIATION BOARD
PUBLIC LAW BOARD NO. 4979
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
NATIONAL RAILROAD PASSENGER CORPORATION
AWARD NO. 13
Case No. 13
System Docket No. BMWE-D-114
STATEMENT OF CLAIM
(a) Carrier's dismissal of Claimant Scott Irwin was
without just and sufficient cause, was not based on any
clear and probative evidence and was done in an arbitrary
and capricious manner, wholly beyond the Scope of the
Scheduled Agreement.
(b) Claimant Irwin shall be reinstated into
carrier's service with all seniority entitlements and
shall be compensated for all lost wages, including
overtime benefits which would accrue to him, as provided
for in Rule
"K11
of the Scheduled Agreement.
FINDINGS
The Claimant was recalled from furlough and submitted to a
return-to-work physical examination on April 24, 1989. The
examination included a routine drug screen by urinalysis. The test
proved positive for THC metabolite, the active ingredient unique to
marijuana. In accordance with the Carrier's Drug and Alcohol
.-A
q 1-13
Policy, the Claimant was directed to rid his system of prohibited
drugs and either enter the Employee Assistance Program or re-test
clean within 30 days. Proof of delivery of the letter was
received.
The Claimant exercised neither option and was subsequently
subject to an investigative hearing for his failure to comply. The
Claimant failed to attend the hearing. Following the hearing, the
Claimant was dismissed from service.
The Board finds the Carrier's action fully in accord with its
established procedures. This is not affected by the Claimant's
failure to attend the hearing and provide testimony in his defense.
The resulting dismissal was inevitable.
A W A R D
Claim denied.
HERBERT L. MARX, Jr., Chairman and Neutral Member
B. A. WINTER, Employee Member
P. A. ENGLE, Carrier Member
NEW YORK, NY
DATED:
7-7- q-L
-2-