1. The Carrier violated the Agreement on April 22, 2005 when Claimant, S.

R. NarnSZ, was dismissed for testing pooithre for dntpslalcohol a

second tine within 10 years.

2. As a consequence of the violation referred m to part (1 ~ the Carrier shall tmntsdlsfely reinstate the ClaimanCs senlorily vacation and all other rights restored, remove any mention of this incident from his personal record, and make him whole for any wages lost beginning April 22, 2005 forward.

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 tire Parties to this dispute wane given due notice of tire hearing thereon.

On April 22, 2005, the Carrier terminated Claimant's employment and seniority rights when they did direct to Claimant the Mowing latter:

"Mr. Narroz:

I have been advised, by the BNSF Medical Department that you have violated the BNSF Policy on Use of Alcohol and Drugs, effective September 1, 2005, by testing positive for a controlled substance on a follow-up test conducted on April 11, 2005. Furthermore, BNSF records dlsckwe that this is the. second time within a ten (10) year period that you have tested positive under the BNSF Policy on the Use of Alcohol and Drugs. The first violation occurred on January 13, 2004.

In accordance with the Carrier's stated pokies and practices, BNSF shall dismiss from service employees who have more than one confirmed positive test for alcohol or a controlled substance, obtained under any circumstances, during any ten-year period. Therefore, e(tective inanedlabely your senlorlty and brpployment with the Burlington Northern Santa Fe Railway Is terminated.

Pursuant 6o Letters of Understanding dated June ?.4, 1991, and December 29, 2003, betwsen'the Carrier and the Brotherhood of Maintenance of Way Employees, If you dispute this action, a claim for your reinstatement may be filed on your behalf within so days from the dabs of this letter."

As o~ in the atorequoted letter, Claimant had 60 days from the date of the letter to file a claim. Claimant did timely file. The random fast on April 11, 2006, was done pursuant to a Letter of Understanding Claimant read, understood and signed to regain his seniority and employment rights folg the January 13, 2004, failed drug test.

Following is a partial portion of the understanding reached between Claimant and the Carrier on February 27, 2004, following the first failed drug test:

"Dear Mr. Merroa:

You have satisfactorily completed the necessary requirements following your positive treat. Please be advised that you are now subject to periodic tasting for a period of five (5) years from tire date you return to work. When a follow-up test is required, you will be notified by the proper authority. Before you may return to active service, it is your responsibility to contact your supervisor and comply with any other conditions that ire" been set forth as a result of your positive test.

Violation of any one gf,more of the followlna co itions will subject you to

mil :

More than one confined positive test eHher for any controlled substance or alcohol, obtained under any circumstances during any 10-year period.

· A single confirmed positive test either for any controlled substance or alcohol obtained under any circumstances within throe years of any 'serious offense' as defined by the Burlington Northern Santa Fe