(Brotherhood of Maintenance of Way Employee PARTIES TO DISC: (The Burlington Northern Santo Fe Railroad (Former (ATSF Railway Company)

 STATEMENT OF CLAIM:







sham return Mr. Wallace, to service with aeniorily end beret
 unimpaired, rive any mention of the Incident from his personal
 record, and make him whole for any wages lost, per the Agreement.
 FINDYJ(18
 Upon the whole record and a1 the evidence, the Board finds that the parties herein an carrier and employee within tit meaning of the Railway Law Act, as amended. Further, the Board is duty constituted by Agreement, has jurisdiction of tit Parties and of the subject... tter, and the Parties to this dispute ware given due notice of the hearing thereon.
 On November 27, 2001, the Carrier terminated CIaknafs services for hit second violation of the Carrier's Policy on Drugs and Alcohol.




` Page 2
                          PL R> No. 5B5D Case No. 203


              Inter dated November 21, 2001, that you violated Section 7.9 of the Burlington Northern Santo Fs policy on Use of Alcohol and Drugs dated September 1, 1999. Section 7.9 was violated with aft being your second violation of the BNSF policy on Alcohol and Drugs, first violation was a probable cause test that revealed the presence of a controlled substance, conducted on October 30, 2000.


              The pertinent part of Section 7.9 reads as follows:


              'More than one eonflrtned positive test alther for any controlled substance of alcohol, obtained under any circumstances during any 10-year period.'


              Carrier records Indicate that on November 7, 2000 you comnenud a conditional suspension and roinstated on a conditional gels after a violation of the BNSF Policy on Use of Alcohol and Drugs. In a letter dated January 11, 2001 you agreed to totally abide by the Comparry rules regarding the use of Intoxicants, with the understanding a failure to comply with this and other conditions would result In Imnredblts removal from service without an Investipsdon.


              For the reason given above, effecOve Immediately, your seniorhy and employment with BNSF RR Company are terminated. If you dispute fine action taken, you are entitled to have a claim submitted on your behaff for reinstatement, which must be presented within 00 days from the detl of this latter pursuant to Inner of understanding dated June 21,1991, between Carrier and the Brotherhood of Maintenance of Way Employsss."

          The above letter encapsulated Carries position in its end". There lie no dispute regarding Clalmant's positive test for marijuana, which was his second positive test within a ten year period.

          The existing Apreernent provides for termination of services without an Investigation which was done with the aforequoted Inner.

          Claimant contends he ate several slices of a brownie that, unbeknownst to him, was laced with marijuana. In fact, with the claim presented seeking his reinstatement, two notes were attached from different people Indicating that Claimant had no lien that the brownie was laced with moryuana.


              The Carrier was not swayed by this argument, and neither Is this Board.

Page 3

 p`,8 ND - sa so

 AWARD
Claim denied.

 ORDER

Award No. ZD:

Case No. 203


This Board, after consideration of the dispute klendtd above, hereby orders that

 an award favorable to the Clairnnt(a) not be made.

              "Q

              Robert L Hicks, Chas n & Neutral Member


Rick B. Wahrll, Labor Member

 Daaad: -i~; 1-'QM 3 0, . I

 Thomas IA. Rohlinp, Carrier