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







Based on a test finding him positive for cocaine metabolites, the Claimant signed a Rule G Waiver Agreement on December 17, 1993, enabling him to continue work under specific conditions. One of these conditions is as follows:
                                                  Vqt -?9 -33


      I further understand that if I test positive in any

      future drug/alcohol test, including tests taken as part

      of any physical examination, I will be dismissed from all

      Amtrak service.


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.


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                        A W A R D


      Claim denied.


        HERBERT L. MARX, Jr., Chairman and Neutral Member


                      TER, Employee Member


              W. H. ROBINSON, r, Carrier Member


NEW YORK, NY

DATED: 6'Zy-

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