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      (Brotherhood of Maintenance of Way Employ" PARTIES TO DISPUTE: (The Burlington Northern Santa Fs Railroad (Former (ATSF Railway Company)


      STATEMENT OF CLAIM :


          1. The Carrier vMatsd the Agreement on July 30, 2001, when it

              dismissed Mr. G. T. Lucsro, for allegedly violating the Carrier's

              Policy on the u" of Drugs and Alcohol for a second tune within 10

              y"rs, when he tested poslllve for Alcohol on July 23, 2001.


          2. As a consequence of the violation referred to above, the Carrier

              shall rswn Air. Luuro, to "nice with "n" and bensf

              unimpaired, remove any mention of the incident from his personal

              record, and make him whole for any wag" lost, per the Agreement


      Upon the whole record and all the evidence, the Board finds that the parties herein are carrier and employ" within the meaning of the Railway Labor Act, as amended Further, the Board h duty constituted by Agreement, has jurisdiction of the Parties and of the subject mate, and the Parties to this dispute wars given due notice of the hearing thereon.

        On December 5, 2000, Claimant failed a drug and alcohol test He agreed to enter rehabilitation and on February 2, 2001, he agreed to certain conditions and was advised he may very well face dlsmlsaal B he was to be found gulity of any one or more of certain specified ewrdldons, orre of which reads:


          "...Possession of alcohol, controlled substance, Illegally obtained drugs,

          adulterant substance or drug paraphemalla on BNSF property obtained

Page 7
 PL 6 N O · 'J~g 50 Award No. 20'&
 Case No. 208

    under any ckcumstances...within 10 years of a confkmed poslWe last

either for any controlled substance or alcohol ...." Also, his return contained the caveat that he would be tasted randomly for drugs andlor alcohol for fhe next five years.
 On July 23, 2001, as a result of a random test, he tested posMs for alcohol. His services were then terminated effective July 30, 2001 pursuant to an existent Agreement.

      Carrier's actions In terminating Clalmantvwre proper.


                        AWARD


      Claim denied.


                        ORDER

This Board, after consideration of the dispute kisntlfled above, hereby orders that an award favorable to the Claknant(s) not be made.

              Robert 1. Hicks, Chairman & Neutral Member


Rick B. Wahrii, Labor Member Tlw wl. Rohlng, Carrier "D9 ber
 Dated: ~~, i"r J g, ..4 Or Z-.