PUBLIC LAW BOARD - NO. 5918

(Ilse No. 1 X : l ward No. I It

PARTIES Brotherhood of Maintenance of Way Employes

to - and -

DISPUTE: Springfield Terminal Railway Company
S7A%EAIENT (IF (7.AIl1L

(a) Carrier's dismissal of Claimant Michael Guillet was

without justification, was arbitrary and capricious and

was a violation of the current and governing agreement.

(b) Claimant Guillet 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 the claimant tested positive for prohibited
drugs on June 28, 1995.
The litcts involved in this case show that the claimant repoi lcd itn 011-duty injury on June 28, 1995, and following medical treatment for the injury, he was required to take a drug screen. On July 6, 1995, the Carrier was notified that claimant tested positive for substance abuse. On July 11, 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 July 25, 1995 hearing, claimant's test results were introduced into evidence which conclusively showed that he tested positive for marijuana. During the hearing, claimant purports that he does not use drugs and he is merely a victim of a prank. In his defense, claimant submitted all undated "To whom it may concern" letter, wherein the signer alleges that he and the claimant and their girlfriends went away on Father's Day weekend (June 17, 1995) and for a joke he put marijuana in their spaghetti and meatball dinner without telling them. Claimant alleges he
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PLB No. 5918 C-18/A-18
Page 2

asked the so-called perpetrator of the prank to attend the hearing and contends he gave several reasons why he could not appear.
Accordingly, in our review of the entire record, the Board does not find claimant's testimony or his proffered statement as being credible. Clearly, we are not unsympathetic to the Organization's arguments and statements submitted in claimant's behalf; Ixmever, cousidcriub all factors involved and the serious nature of the proven offense, the Board finds the Carrier did not
misuse its discretiop-when it assessed discipline:
AWARD : The claim is denied.
r

Fran~Domzal

Neu Member

u~a_

David F. Sibley Bradley A~Wiiiter
Carrier Member Organization Member

Dared: ll -- 9~ _ -_-_-