PUBLIC LAW BOARD N0. 5850
Award No. I
8 a
Case No. 180
(Brotherhood of Maintenance of Way Employ"
PARTIES TQ DISPUTE:
(The Burlington Northern Santa Fe Railroad
STATEMENT OF CLAtM
:
1. The Carrier violated the Agreement when on January 22, 2001, Mr.
M. L Bills was dismissed from service for allegedly violating Maintenance
of Way Operating Rule 1.8 in conjunction with a positive drug test It la
alleged that this was Mr. Bills second positive test within a ten year period.
2. As a consequence of the Carriers violation referred to above Mr.
Bills shall be returned to service, the discipline shall be removed from Mr.
Bills' personal record and he shall be compensated for all wages lost, If
any, in accordance with the Agreement
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.
On January 22, 2001, Claimant was advised that his seniority and employment
rights were terminated for teatlng positive for a controlled substance for a second tine
within a ten year period.
Claimant tested positive on May 18, 2000, the first time, and at that time walved his
rights to an investigation and entered the so-called EAP Program. He obviously satisfied
his counselors at that time of his sobriety and had returned to work only to fail a
Page Z Award No. I 80
Case No. ISO
subsequent drug
and alcohol
test.
Pursuant to the existing practice and Agnemants, Claimant's seniority rights and
employment rights were terminated by notification of the results of the second test
leaving Claimant the option only of filing claim.
The dismissal of Claimant was proper pursuant to the exlsdng labor Agreement.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute Identified above, hereby orders that
an sward favorable to the Clalmsntqs) not be made.
ZsA-j~-cR&:~&
R rt L Nicks, Chainnan ii Neutral Member
Rick . · We-hrlk Labor Member Thomas M. Rohling, Carrier Me r
Dated:
Ot,-y-p~qr
2 ZO~