(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT QE CLAIM:
      1. That the Carrier's decision to remove Eastern Region, Trackman B. L.

          Oliver from service was unjust.


      2. That the Carrier now reinstate Claimant Oliver with seniority, vacation,

          all benefit rights unimpaired and pay for all wage loss as a result of

          Investigation held 10:00 a.m_ on December 14, 1998 continuing forward

          and/or otherwise made whole, because the Carrier did not introduce

          substantial, credible evidence that proved that the Claimant violated the

          rules enumerated in their decision, and even if Claimant violated the

          rules enumerated in the decision, removal from service is extreme and

          harsh discipline under the circumstances.


      3. That the Carrier violated the Agreement particularly but not limited to

Rule 13 and Appendix 11 because the Carrier did not introduce
 substantial, credible evidence that proved the Claimant violated the rules
 enumerated in their decision.
 FINDINGS
 Upon the whole record and ail the evidence, the Board finds that the parties herein are
 carrier and employee within the meaning of the Railway Labor Act, as amended. Further, the
 Board is duly constituted by Agreement, has jurisdiction of the Parties and of the subject
 matter, and the Parties to this dispute were given due notice of the hearing thereon,
 on November 24, 1998, the Carrier wrote Claimant as follows:

      "...Arrange to attend formal Investigation-at 1000 hours on December 14, 1998, for the purpose of ascertaining the facts and determining your responsibility, if any, for possible violation of Section 12.0 of the Burlington Northern Santa Fe Policy on the Use of and Drugs, effective October 15, 1996 for failure to abide by the instructions of the Employee Assistance Program regarding treatment.


      You are removed from service effective immediately pending formal investigation ...."

      Following the Investigation, which Claimant elected not to attend, he was dismissed

                                              .OG~':vD·5l~

Page 2 Award No. /o y'
                                              Case No. 104


from the services of the Carrier.
 The Investigation was attended by two people, the Hearing Officer and the representative. Claimant receipted for the Investigation notice, but, apparently, opted not to attend, nor did he bother advising either the Carrier or his representative that he could not or would not be present.
 Carrier's policy on drugs and alcohol is that a first time violator of Rule 1.5 can waive his rights to an Investigation agreeing to a suspension from service pending notification by the Employee Assistance Manager to the Carrier's Medical Department that he/she is released to resume active duty, provided the individual has completed the recovery process within 368 days from the date of the suspension.
 if Claimant does not complete the program within 366 days or fails to abide by the program or the Instructions of the Employee Assistance Manager, the individual will be dismissed providing such charges are proven In an Investigation.
 Claimant agreed to the conditions Imposed upon first time violators of Rule 1.5 on September 29, 1997, following positive test for cannibinoids.
 On November 10, 1998, the Medical Department received notification from Claimant's Employee Assistance Counselor that Claimant had dropped out of the treatment program.
 Pursuant to Section 12 of the Carrier's Drug and Alcohol Policy, if proven, this Is a dismissibls offense.
 The Carrier produced substantial evidence of Claimant's culpability for the charges assessed. Furthermore, with Claimant exercising his option to not attend the Investigation., Carrier's evidence Is unrafuted. The discipline of dismissal is affirmed by this Board.
 Pc .5 N')
        _3


Award No. ` Case No. 104

 Page 3

 Claim denied.

 ORDE
    I


This Board, after consideration of tho dispute identified above, hereby orders that an

 award favorable to the Ciaimant(s) not be made.

 Robert L. Hicks, Ch irman & Neutral Member

 Rick B. Wehrii, Labor Member

Dated:rah iZ ~) I VLTI


T ornas M. Rohling, Carrier Me or