(Brotherhood of Maintenance of Way Employs
PARTIES TO DISPIdTE:
(The Burlington Northern Santa Fe Railroad
,iTATEfflNT OF CLAIM:
The Carrier violated the Agreement when on October 6, 2000, Mr.
Lorenzo Ben was dismissed from service for alleged violation of
Section 7.9 of the Carrier's policy on the Use of Alcohol and Drugs,
efsctive September 1,1999, In connection with his afedly failing to
comply with the Instructions of the EAP
Coordinator following his
return to work after tasting positive for alcohol on October 6, 2000.
2. As a consequence of the Carrier's violation referred to above, Mr.
Ben :hail be reinstated with seniority, vacation, all other rights
unimpaired, the
discipline shall be removed from the Claimant's
personal record, and he shall be compensated for all wages lost in
accordance with the Agreement.
MINGS
Upon the whole record and all the evidence, the Board finds that the parties
herein are carrier and employee wfin the meaning
of the Railway Labor Act, as
amended. Further, the Board is duly constituted by Agreement, has jurisdictien of
the Parties and of the subject matter, and the Parties to this dispute were given duo
notice of the hearing thereon.
This la, except for the name and dates, Identical in
factual material
as that
found In Case No. 156.
Claimant tested positive for a prohibitive druglakohol in June, 19". Claimant
was suspended from service and conditionally reinstated in August, 1999.
The reinstatement, as stated, was conditional and Claimant agreed to those
Page 2 Award No.
Case No. 160
conditions
which wore as follows:
"
Any. One or moril 2the f the conditions will :uG`You to
dsmilwsal for failure to obey_Instructions
.
1. A repeat positive alcohol test and/or drug
test for controlled
substances obtained under any circumstances.
THOSE EMPLOYEES WHO HAVE TESTED POSITIVE IN THE
PAST TEN (10) YEARS WOULD BE SUBJECT TO DISMISSAL
WHENEVER THEY TEST POSITIVE A SECOND TIME
2. Failure to abide by the instructions of the Medical
Department/Employee Assistance Program regarding treatment
and/or follow-up testing.
3. Refusal to provide a urine specimen or breath alcohol for testing
wheen Instructed under the terns of this policy or Federal or Stabs
regulations. Tampering with a urine sample by substitution,
dilution or adulteration will be deemed
a refusal."
As the result of a random test on October 6, ZQOQ,
the Carrier
terminated
Clalmant's seniority and employment rights pursuant to a bonaflde contract that is
in existence ass
Claimant tested positive for a prohibitive substance a second time
within a ten year period.
A review of die on-prop*rty correspondence convinces this Board that
Carrier's
actions were entirely proper under the existing circumstances.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
Page 3
that an award favorable to the Clalmangs) not be mad*.
/~cdA
.., ,_,_
Robert L. Hicks, Chairman & Neutral
Member
Rick B. Wehril, Labor Member
Award No.
Ca" No. 160
Thomas M. Rohling, Garrh Member