PUBLIC LAW BOARD NO. 9850
Award No.
Case No. 179
(Brotherhood at Maintenance of Way Employee
PARTlEB TO DISPUTE:
(rho Burlington Northern Santa Fe Railroad
STATEMENT OF CLAIM
:
t. The Carrier violated the Agreement when
on January 25, 2001, Mr.
Gary 0, aoesun was disrnlssed from
service for allegedly violating
Maintenance of Way
Operating Rule 1.S in conjunction with a positive drug
bast
x
As a consequence
of the
Carrier's violation referred to above Mr.
Goeson shelf be returned to service, the discipline :hail be removed from
Mr. Casson's personal record and h* steal!
be compensated tbr all wages
bat, if any, in
accordance with the
Agreement.
Upon
the
whose record and all
the
evidence, the
Board
finds that the parties
herein are carrier and employee within
the
meaning of
the Railway Lobar Act, as
amended. Further, the Board
is duly constituted by Agreement,
ties
Jurisdiction of the
Parties and of the subject matter, and the Parties to this dispute were given due notice of
the hearing thereon.
On October 10,
2000, Claimant was advised he tested positive for a controlled
substance. This was Claimants
first
Rule 1.5
violation, and pursuant to Carrier": Drug
and Alcohol Policy, first time violators can seek waiver of the Investigation by contacting
the Drug and Alcohol Testing Department within 46 days of the date of suspension. Ha
then can agree to enter a rehab
program
andlor follow the guidance of the tounselot.
Claimant did not
contact anyone after receiving
the
suspension letter, and as a
Pace 2 Av.re No. I`)
I
Case No. 1?9
result, the Carrier seat an Investigation that was finally held an January 6, 201. Claimant
opted, at his per#i, to not attend, Thus.
in his
absence, Carrier's evidence stead
anrefuteed.
The Board upholds Carrier's decision to dI!u»issc Claimant from its services.
D
Claim denied.
This Board, after consideration of the dispute kfentlfied above, hereby orders that
an avward favorable to the Ciaimant(sj not be made.
Robert t,. Hicks, Chairman & Neutral Member
r
Y- z
Rick B. Wehrii, Labor Member Thomas M. Rohiing, Carrier ber
Dated: ~ C.,~p ~,.r ~~ ,Z~ D l