UNION PACIFIC RAILROAD COMPANY
(Former Oklahoma-.Kansas-Texas Railroad)
Case No. 8
STATgMENT OF CLAIM:


2. As a consequence of the ~,iolation referred to in Part (1 j above, the Claimant shall be reinstated to the Carrier's service with seniority and benefits unimpaired, his record shall be cleared of the charges leveled against him and he shall be compensated for all wage loss suffered. 1FTNDINGS: On March 2, 1992, the Claimant tested positive for amphetamines during a yearly drug screen. Claimant was disqualified from service. He Nvas advised that if he successfully completed the Carrier's Employee Assistance Program (EAF), tested negative for drugs during a "requalifying test", submitted to follow-up drug testing for five years, remained drug free indefinitely, and avoided any violation of Carrier rules involving drugs/alcohol he would then qualify for return to the Carrier's service. Claimant had complied with all of the above, and, consequently, was reinstated to service effective March 3, 1993.


On June 29, 1993, the Claimant underwent a three-year follow-up drug screen anal once again tested positive for drugs. The Claimant was notified to appear for a formal investigation on the charge of allegedly being insubordinate when be failed to comply with the Carrier's instructions to "remain drug free indefinitely". Claimant was also charged with being absent without authority fxom work on July 6, 7, $, 12, and 13, 1993.
Claimant was found guilty as charged and dismissed from service by letter dated September 20, 1993.


This Board has reviewed the evidence and testimony in this case and ive fund that there is sufficient evidence in the record to support the finding that the Claimant was guilty of violating the terms of his reinstatement by testing positive for drugs during a

follow-up test in June of 1993. -
The record reveals that the Claimant was given a drug screen on March 2, 1992, as part of the Carrier's regular physical examination. At that dine, he tested positive for amphetamines. He was then advised that he must complete the Employee Assistance Program and test negative for drugs as part of a requalifying test, as well as submit to follow-up drug tests for five years and remain drug-free indefinitely.
The Claimant was reinstated to service on March 3, 1993. At that time, he was told that he would have to submit to random follow-up drug testing for a period of three years. Claimant was administered a drug screen on June 29, 1993, and tested positive.


The Claimant was also absent from work without authority on July 6, 7, 8, 12, and 13.
The Claimant was noted to report for a formal hearing regarding his being absent N,rithout authority and later was notified that the investigation would also include the charges that he was insubordinate for failing to comply with the instructions relating to his remaining drug free. The hearing was finally held on September 8, 1993.
This Board has reviewed the procedural arguments raised by the Organization and we find them to be without merit.
This Board has reviewed the record of proceedings from that hearing and it is clear that the Carrier met its burden of proof with respect to both charges. The Claimant has thereby subjected himselfto diseplinary action.


support the guilty 5ndiug, we next turn our attention to the type of discipline imposed.
This Board will not set aside a Carrier's imposition of discipline unless we fmd its actions
to have been unreasonable, arbitrary, or capricious.
In this case, the Claimant was clearly told in 1992 that he had to remain drug-tee. He was also informed that he would be subject to random testing. At one of those random tests, be came up positive. In addition, the Claimant was guilty of being absent without permission on several days.
Given the previous background of this Claimant and the seriousness of this offense, this Board cannot find that the Carrier acted unreasonably, arbitrarily, or


capriciously when it terminated the Claimant's employment. Therefore, the claim must

be dezaied.
Claim denied.

                      PER R.~

                      Neutral er

I/d
Carrier Member Organization Member
DATED: c.~ ~~R(0 DATED: ZS'-~a