PUBLIC LAW BOARD NO. 5396
Parties
to the
Dispute
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
VS.
PACIFIC TRANSPORTATION
COMPANY '
(Western Lines)
STATEMENT OF CLAIM
1. That the Carrier violated the provisions
of the current Agreement when it dismissed
Foreman Leonard D. Thierry. Said action
being excessive, unduly harsh and in abuse
of discretion.
2. 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. 44
NMB Case No. 44
Track Foreman Leonard D. Thierry was given a breath alcohol
test on July 31, 1995, and was deemed to have tested positive.
At an investigation held on September 12-, 1995, Claimant acknowledged having consumed alcohol in the evening before reporting to
f
2
~3~1o-yy
work. He had been conditionally reinstated to service on Septem
ber 11, 1990., after having been..dismissed for a positive drug/
alcohol test.
carrier-po'ints'_out that Claimant was tested
at
the Lancaster
Community Hospital. He gave a urine sample and had a breath test
administered by a Registered Nurse who was a Breath Alcohol
Technician Instructor. His first breath test measured .059. His
confirmatory test, conducted eighteen minutes later, indicated
.041. Claimant maintains that this positive test does not have
to be confirmed with urinalysis results.
This Board has reviewed this case in its entirety and finds
that Claimant was afforded a full and fair hearing. There was
probable cause for the Roadmaster to request the test initially.
Although the Board also questions why the results of the urine
test was not provided, it would appear that the breath test was
conducted in a professional manner, proving conclusively that
alcohol was present.
Claimant, a short-term employe at the time, was granted a
prior opportunity to retain his employment with carrier after a
_ 3 ~3~(0-
~P~
similar incident. Carrier need not return to work an employe who
cannot or is'unable to abide by,_basic rules and regulations.
AWARD -__
Claim denied.
C.H. Gol ,
Neutra Cha rman
v
C.F. Foos , D.A. Rind`,
Employe Member Carrier Mert~ber
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s _&
-Date of Apprr vb al