Upon the whole record arid 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.
On November 1,1999, Claimant was tested for drugs and alcohol and did test positive for a controlled substance. He was suspended from service pending the results of an Investigation.
The Investigation was held December 9, 1999. Claimant was dismissed following the Investigation.
pLP ,4jQ' b~35DThere is no question regarding the validity of the teat results for the November 1,1999, test. In fact, Claimant admitted that during the weekend of October 30,31, 1999, he did Ingest a controlled substance, but he believed it was not of sufficient quantity to result in a positive test Ha erred.
The dismissal stands. This was Claimant's second positive test occurring just two weeks after ho had boon reinstated following his first positive test for alcohol and prohibited drugs conducted December 22,1988. At that time he was suspended from service and reinstated conditionally on October 16, 1999. Part of the conditional reinstatement was random testing and November 1,1999, was the first such test.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.