(The Burlington Northern Santa Fe Railroad

1. The Carrier violated the Agreement when on May 18, 1999, the Carrier

dismissed Mr. R.L. Byars, Jr. for the alleged violation of Rule 6.2 and

12.0 of the Burlington Northern Santa Fe's Policy on the Use of Alcohol

and Drugs, effective October 15, 1996, in connection with his alleged

testing positive for a controlled substance for the second time within a

ten-year period.

2. As a consequence of the Carrier's violation referred to above, Claimant

Upon the whole record and all 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.

Pursuant to the existing "Policy on Use of Alcohol and Drugs," specifically Rule 9 and the Letter of Agreement of June 24, 1991, relative thereto, Claimant, on May 18, 1999, was advised that his seniority and employment with the Carrier was terminated as this was the second time within a ten year period that he tested positive for a prohibitive drug.

Claimant's first positive test was on October 27, 1998, and the second violation occurred May 10, 1999.

The policy of termination for a second positive test within a ten year period has been well publicized by Board postings and direct mail. Carrier's action in this instance was proper and in full compliance with existing Rules, Agreements and practices.

Case No. 129