STATEMENT OF Cue:

1. The Carrier violated the Agreement when on June 28, 1999, the

Carrier dismissed Mr. A. Nalwood, for the alleged violation of

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

of Alcohol and Drugs, effective October 15, 1996, and Rule 1.6 of

the Maintenance of Way Operating Rules effective January 31,

1999. The dismissal is 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 shall be reinstated to his former position with seniority
vacation, all rights unimpaired and pay for all wage loss
commencing June 4, 1999, continuing forward andfor otherwise
made whole.
FINDINGS

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.

Claimant tested positive for alcohol, the second such finding within a ten year period. The first time was in July, 1998, and the second time was June, 1999.

In 1998, he was advised of having to submit to random testing. In this

Page 2 A and No. 33

Case No. 133

Incident, his defense was that he was not yet on duty when he was requested to submit to the test. He was, however, on company property, thus whether or not he was technically on or off duty is a moot point.
The dismissal of Claimant was pursuant to the Carrier's Drug and Alcohol Policy revised October, 1886.

AMR

Claim denied.

ORDE

This Board, after consideration of the dispute Identified above, hereby orders that an award favorable to the Claimant(s) not be made.

Robert L. Hicks, Chairman & Neutral Member

RIC , ehHi, Labor Member Tho
/jl"' '~ ~ liny~ tier Member

D'A"

ated: