PUBLIC LAW BOARD NO. 5850
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIM:
1. The Carrier violated the Agreement on July 2, 2003, when it
dismissed Claimant, Mr. H. H. Green, For violating the Carrier's
Policy on the Use of Alcohol and Drugs a second time within 10
years, a violation of Maintenance of Way Operating Rule 1.6.
2. As a consequence of the violation referred to in part (1). the Carrier
shall kmrwdiately reinstate the Claimant to service with benefits and
seniority unimpaired and make him whole for all wages lost account
of this violation. Additionally, the Carrier shall remove any mention
of this Incident from the Claimant's personal record.
FINDINGS
Upon the whole record and ail 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.
Claimant was working under the Frisco Agreement that specifiies that second time
Rule 1.5 violators within a 10 year period are first written a letter of termination with the
caveat that ff Claimant felt unjustly handled, he could, with a timely notice, request an
Investigation.
Claimant did and the Investigation was held on August 6, 2003, after which
Claimant's termination was confirmed.
Page 2 Award No.
Case No. 247
Claimant tested positive for an illegal substance on June 24, 2003, as a result of a
random test that Claimant was subject to, and had agreed to, when he was reinstated
after having agreed to his conditional terns of employment after testing dirty on October
12, 1994.
After Claimant was offered reinstatement following the 1994 incident, he was also
advised that a second failed test would result In his permanent dismissal.
Claimant failed to establish that anything was amiss In the second testing that
would provide a technical error sufficient enough to render the findings of being
contaminated with cocaine was flawed.
Carrier's actions were proper and strictly In accordance with their own guidelines.
Claimanes discipline will not be in any way modified. His dismissal stands.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
Robert L Hicks, Chairman iL Neutral Member
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Rick B. Wehrfi, Labor Member William L Yeck, ar Member
Dated: `~- ( ~~ ~ Old