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NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD NO. 4979
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
NATIONAL RAILROAD PASSENGER CORPORATION
AWARD NO. 8
Case No. 8
Carrier File No. BMWE-D-126
STATEMENT OF CLAIM
(a) Carrier's dismissal of Claimant Pedro
Alverez 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 Alverez 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 pro
vided for in Rule "K" of the Scheduled Agreement.
F I N D I N G S
Upon recall from furlough, the Claimant was subject to
a return-to-duty physical examination, which routinely included
a drug screening. It was found that the Claimant tested positive
for marijuana.
a
PLB No. 4979
Award
No. 8
Page 2
Under the Carrier's Drug and Alcohol Testing Policy,
the Claimant was advised that he would be required to enter
the Carrier's Employee Assistance Program or to provide a
negative drug speciman within 30 days. The Claimant did
neither and was thereupon subject to an investigative hearing.
The Claimant failed to appear at an initial hearing,
and the matter was postponed. Following proper notice, he
also failed to appear at a second hearing. The Hearing Officer
justifiably proceeded with the hearing in the Claimant's
absence but in the presence of an Organization representative.
Following the hearing, the Claimant was dismissed from service.
As noted in Award
No.
3, the Carrier's Drug and Alcohol
Testing Policy has been supported by numerous previous Awards
and needs no further defense here.
The Claimant's apparent lack of concern in continued
employment by failing to elect either of two options available
to him lends support to the disciplinary action taken by the
Carrier.
PLB No. 4979
Award No. 8
Page 3
A W A R D
Claim denied.
HERBERT L. MARX, JR., Chairman and Neutral Member
16
B. A. WINTER, Employee Member
P. A. ENGLE
Y
Carrier Member
NEW YORK, NY
DATED: /(o)
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