i ! PROCEEDINGS BEFORE PUBLIC LAW- BOARD 'r0. 5139
 :i
 j Award No. 2
 i Case No. 2

il
 3 Carrier Member: L C. Iiriczak Labor Member: Jed Dodd'

 3
 I

 Parties To Dispute:
I BROTHERHOOD OF MAINTENANCE OF WAY EkfPLOYES

        VS.

                                                            I


        NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) I


Statement Of Claim :
 Claim of the System Committee of the Brotherhood that
 1. The Agreement was violated when Maintenance of Way employes possessing Southern
 E District seniority rights (excluding New York Division ~trucmres Department) were j
 withheld from service beginning March 4, 1986 for allegedly testing positive on EMIT
 drug screen urinalysis tests (System File NTEC-BMX~'E-SD-1568).

    I 2. All Maintenance of Way employes possessing Southern District seniority rights (excluding New York Division Structures Department) who were withheld from service as a result

_ of the tests referred to in Part (1) above shall be returned to service v,zth seniority and
 E . all other rights unimpaired and they shall be compensated for all wage loss suffered

 r
    11 Findings:


Upon the whole record mud all the ewdence, and after :kfach 1$ 1992 herring it the Carrier's Offices, Philadelphia, PewtVh=ania, the Board finds that the parries herein are Cmrier and Employees i4zihin the meaning of the Railway LaborAcr, as attended; and that this Boad is duly, constituted by, Agreement and has jurisdiction of the ponies and of the subject matter a

 Decision :

      Claims dismissed and denied.


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              PUBLIC LAW BOARD NO. 5139 / A-%;'ARD NO. 2


fl~
 OPINION'

This case arises from the appeal of the Organization of the Carrier's action beginning March 4, 1986, whereby the Carrier withheld unnamed Claimants from service, on the ground(s) hereinafter indicated.


                            L FA=

Based on study of the record and arguments presented by the pasties at the hearing of this matter in the Carrier's Office in Philadelphia, Pennsylvania on Wednesday, March 18, 1992, the following Findings of Fact are hereby made:

1. The record contains allegations that unnamed Claimants possessing Southern District seniority rights (excluding New York Division Structures Department) were withheld from service effective March 4, 1986, for allegedly testing positive on EMIT drug screen urinaysis tests.


                  17. FL1-DD~GS AI'!tD CONCLUSION'S

After due study of the foregoing and of the record as a whole, inclusive of the i submissions presented by the parties in support of their respective positions in the case,

the case is disposed of on the basis of the following Findings and Conclusions:

 i I

1. In regard to procedural matters, the Board concludes and finds that the confronting record contains no procedural irregularities or due process defects that warrant altering the Carrier's action or that preclude Board consideration of the merits of the case.

      2. As regards the merits of the case, the record contains allegations that as a re-


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PUBLIC LAW BOARD NO. 5139 / AWARD NO. 2

 soft of a return-to-duty physical examination, including a drug screen conducted in earty
 1986 for each Claimant, a number of Maintenance of Way Employees possessing South
 ern District Seniority were withheld from service on the basis of lab findings on each
 Claimant's drug test. r

 3. In assessing the foregoing and the entire record, the Board concludes and finds

 i
 as follows: i

 (a) The Board finds that this Board's Award No. 14 - Case No. 14 (06-09-92), ~ which ruled that the Amtrak Drug Testing Policy is reasonable and not barred by the AMTRAK-BMWE Agreement, is applicable to this case.

 (b) The Board further finds that under Award No. 14. any named and identified Employee alleging that his sights have bin violated by improper application of the Amtrak Drug Testing Policy may exercise his rights to make a formal protest about said improper application of the policy to him and to have such protest progressed to adjudication before a Railroad Adjustment Board.

 (c) Inasmuch as the group claims in this case do not constitute protests by ! individually named Employees alleging improper application of the Policy to a named Employee, there is no basis for entertaining the herein group of claims by unnamed Claimants.

 In view of the foregoing, and based on the record as a whole, the claims will be dismissed and denied.

 ~i

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                                                              i


                PUBLIC LAW BOARD NO. 5139 / AWARD NO. 2


I AWARD: _

            The record provides no basis on which the herein claims could be sustained.

            Accordingly, the claims are hereby dismissed and denied.

            BY ORDER OF PUBLIC LAX' BOARD NO. 5139.


                          I ; J


                                        i


                      Fred Blackwell/Neutral Member


      ..,~.

      WW

      L. C. Hriczak/Carrier Member a Dodd/Labor Member


      Executed on St4'`~ -m?-7 . 1992


      BMWE\5139\Award-2J15


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