NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD NO. 4979
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
NATIONAL RAILROAD PASSENGER CORPORATION
AWARD NO. 33
Case No. 33
System Docket No. BMWE-D-231
The Claimant was first tested under his Rule G Waiver requirement on July 5, 1994, and the report submitted to the Carrier from the testing laboratory showed he was again positive for cocaine metabolites. Following an investigative hearing, the Claimant was dismissed from service on August 5, 1994.
During the investigative hearing, the organization raised numerous questions concerning the authenticity of the test results and argued that laboratory representatives should have been available to answer such inquiries. The laboratory had, however, submitted a "litigation package" detailing its testing procedures as well as providing information as to the Claimants test. In the absence of any specifically raised doubt as to any step in the testing procedure, the Board finds no basis to question the test results.
As noted above, the Rule G Waiver Agreement provides that a positive drug test during the follow-up period results in the selfexecuting consequence of dismissal from service. The Board has no basis to interfere with this predetermined result.