PUBLIC LAW BOARD NO. 5396
Parties
to the
Dispute
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
-SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
STATEMENT OF CLAIM
That the Carrier violated the provisions
of the current Agreement when it dismissed
Foreman A. Capas. Said action being excessive, unduly harsh and in abuse of discretion.
That the Carrier now reinstate claimant to
his former carrier position with seniority
and all other rights restored unimpaired,
with pay for all loss suffered and his record cleared of all charges.
FINDINGS
PLB Case No. 39
NMB Case No. 39
Claimant, Foreman A. Capas, was dismissed on April 3, 1995,
as a result of a hearing held on March 2, 1995, into the charge
that an illegal substance, cocaine, had been found in the course
of a drug screen on February 16, 1995. The record reveals that
a 6396_3Q
Claimant had been conditionally reinstated to service on August
18, 1994, after a previous drug test had revealed the presence of
cocaine. He was reinstated with the understanding that he remain
drug free.
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This Board has reviewed the entire record of this case,
including the transcript of the investigation. That review
reveals--that Claimant was afforded all procedural rights guaranteed to him by Agreement. It also reveals the fact that sufficient probative evidence was brought forth at the hearing to
support the charge that he was in violation of Rule 1.5, Drugs
and Alcohol:
The use of alcoholic beverages or intoxicants
by employees subject to duty, or their possession, use, or being under the influence thereof
while on duty or on Company property, is prohibited.
Employees shall not report for duty under the
influence of, or use while on duty or on Company property any drug, medication or substance,
including those prescribed by a doctor, that
will in any way adversely affect their alertness,
coordination, reaction, response or safety.
Questionable cases involving prescribed medication
shall be referred to a Company Medical Officer.
The illegal use, possession or sale while on or
off duty of a drug, narcotic, or other substance
which affects alertness, coordination, reaction,
response, or safety, is prohibited.
~3q~-39
This Board is mindful of the fact that Claimant is a longterm employe, with a seniority date of January 8, 1970, and that
he has sought to become and remain drug free through a drug
rehabilitation program: At the same time,-however, we are very
much aware of the extreme hazard that an employe under the
influence of an illegal substance may pose to his or her coworkers.. Claimant was given an opportunity by Carrier to retain his
job in the past. It need do no more.
AWARD
Claim denied.
G
'-e,
C.H. Gold,
Neutral Ck'
ai an
i.
C.F. Foo e, . D. A. Ring,
Employe Member Carrier , tuber
Date of Approval