PUBLIC LAW BOARD NO. 5860
Award No.
Case No. '193
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE
:
(The Burlington Northern Santa Fe Railroad (Forrtler
(ATSF Railway Company)
STATEMENT OF CLAIM
:
1. The Carrier violated the Agreement on September 6, 2001, when ft
dismissed Mr. J. Mix from service for allegedly violating Maintenance
of
Way Operating Rule 1.6, and the Carrier Policy on tile
Use of
Alcohol and Drugs, sections 8.1 and 7.9, when he allegedly tssbed
poaiHve a second time within a 10 year period.
2. As a consequence of the Carrier's violation referred to above 114
Mix shall be returned to service, the discip4ne shall be removed
from his personal record and he shall be compensated for all wages
lost, N 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 tire 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 September 11, 2001, the Carrier advised Claimant his seniority and
employment were terminated for testing positive for a banned substance. Since H was
Claimant's second positive test within ten years, pursuant to an existing Agreement,
Claimant was terminated.
In June, 1998, Claimant tested positive for using a controlled substance. Claimant
Pa 9' 2
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b N
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. 5 8 0
Award No. G
3
Case No. 1 93
then placed himself in the hands of the Medical Department and was subsaquendy
reinstated. The positive bat September 6, 2001, was Claimants second positive test
within ten years. Upon finding the results, the Carrier 1mmedlatey terminated Claimant's
services. Carriers action in terminating Clalmanrs employment and senlolily wes
srnlrely within the framework of an existing Agreement
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identlMd above, hereby orders that
an award favorable to the Clairnant(s)
not
be made.
Robert Chairmen d. Neutral
Member
Rick B. Wehrii. Labor Member homes NL Rohdnp, Carrier Mamb~
Dated: