NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD NO. 4979
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
NATIONAL RAILROAD PASSENGER CORPORATION
AWARD NO. 14
Case No. 14
System Docket No. BMWE-D-115
STATEMENT OF CLAIM
(a) Carrier's dismissal of Claimant Dana Densmore
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 Densmore 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 "K" of the Scheduled Agreement.
FINDINGS
The Claimant was recalled from furlough and submitted to a
return-to-work physical examination on April 17, 1989. Following
an order to do so, the Claimant failed to provide urine for a
routine drug test by urinalysis, although he had signed a
consent
form to this effect. In accordance with the Carrier's Drug and
l y
Alcohol Policy, the Claimant was advised in writing that his
failure to provide a urine sample was considered the equivalent of
providing a positive test. He was directed either to enter the
Employee Assistance Program or return to provide a negative
specimen within 30 days.
The Claimant exercised neither option. He was subsequently
advised by letter to his address of record that he was subject to
an investigative hearing for failure to comply. 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.
1
HERBERT L. MARX, Jr., Chairman and Neutral Member
B. A. WINTER, Employee Member
U
P. A. ENGLE, Carrier Member
NEW YORK, NY
DATED: 7,
-2-