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 March 20, 2000, Claimant, in a random breathalyser test (a condition of employment Claimant agreed to following his first positive %at for alcohol on March 17,1999), bested positive for alcohol.
Pursuant to an existing agreement, employees who test positive for drugs or alcohol a second time within a ten year period suffers termination of seniority and
Pacer
2 i4wsrd No.employment without the near! of harrier instituting disciplinary measures. In other words, no hearing.
There was some argument advanced that Claimant Ingested some alcohol based medication and another argument about a breathalyser malfunction. The breathalyser is sophisticated enough to screen out alcohol based medicines, and they only malfunction was the machines batteries had run too low. This was overcome by plugging ft into a wail socket with an adapter. The machine was functioning properly and Claimant tasted positive for alcohol.
This Board, alter consideration of the dispute Identified above, hereby orders that an award favorable to the Claimant(aj net be made.