PUBLIC LAW BOARD - NO. 5418
Case No. 16 Award No. 16
PARTIES
Brotherhood of Maintenance of Way Employes
to - and -
DLSPUTF
:
Springfield Terminal Railway Company
STATEMENT OF CLAIM
:
(a) Carrier's dismissal of Claimant P. D. Maillet was without
justification, was arbitrary and capricious and was a
violation of the current and governing agreement.
(b) Claimant Maillet should now be reinstated to the Carrier's
service with all seniority unimpaired and be compensated
for all lost wages and benefits lost due to the unjustified
- termination.
FINDINGS:
The issue herein came about because of the claimant's failure to provide a clean
urine sample on April 7, 1995, in connection with his call back to service.
The record shows claimant was irt the process of returning to service and was required to
take a return-to-work physical examination which included a drug screen. On April 20, 1995,
the Carrier was notified that claimant's test results were positive for marijuana. On April 25,
1995, claimant was given a notice to attend a hearing in connection with him testing positive for
drugs on his drug/alcohol screening.
At the May 17, 1995 hearing, claimant's test results were introduced into evidence which
conclusively showed that he tested positive for marijuana. During the hearing, claimant testified
that he was notified of the test results and took no exceptions to what the physician had said
regarding the positive results. Further, claimant also testified that he was aware of Carrier's
policy requiring a drug and alcohol screen as part of a return-to-work physical.
Suffice to say that given the established facts of this case, the Board does not find any
1wD
asp.
I to
111,IlNu.3418 (.=164.·1-16
Page 2
support to the Organization's contentions in this case.
Hence, based on the above facts, claimant clearly failed to comply with the requirements
for returning to work and was fully aware of the consequences for his non-compliance.
Therefore, in consideration of the seriousness of the proven offense, we have
no
proper basis to
disturb the Carrier's decision in this case.
AWARD
- The claim is denied
Dated:
//- S-~ G
Fr an . Domzals
Nee I Member
Bradley A. Winter
Organization Member