C:\AWARDS\IN2\PLB5850-296.htm

PUBLIC LAW BOARD NO. 50

Award No.

Case No. 285

(Brotherhood of Maintenance of Way Employee
PARTIgS Tc_ DISPUTE :
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)

STATEMENT OF CLAD:

1.The Carrier violated the Agreement on April 10, 2005 when Claimant, J.

i-aailoo, was dismissed for testing positive for alcohol a second tine

within 10 years, during a follow up bast; and

2. As a consequence of the violation

referred to In part 1 the Carrier shall

dtatsly return the Claimant to service with

seniority, vacation and ail other rights unimpaired, remove any mention of this Incident from Clalmanre personal record, and make Clement whole for all tuner lost commencing April 10, 2006.

FIND114GII

Upon the whole record and all the evidence, the Board finds that the parties herein are Carrier and Employee within the meaning of the RaUway Labor Act, as amended. Further, the rd is duty cons by Agreement, has jurisdiction of the Parties and of the subject mar, and the Parties m this dispute yore given due notice of the hearing thereon.

On April 10, , the Carrier wrote Claimant as follows:

"I have n advised by

the BNSF Medical Department that you have

violated the BNSF Policy an the Use of Alcohol and Drugs, effective

September 1, 2003, by testing positive for alcohol an a follow-up test

conducted on April 3, 6. Furthermore, BNSF records disclose that this

is the second in a ten year period that you have tested positive

under the BNSF Policy on the Use of Alcohol and Drugs. The first violation

occurred on 5· r 28, 2006.

in accordance with the Carrier's stated policies 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

BLS wb, S85a Page 2

Award No. Qq(~

Case No. 298

circumstances, during any ten-year period. Therefore, effective Immediately, your seniority and employment with the BNSF Railway hr terminated.

Pursuant to Letters of Understanding dated June 24, 1991, and December 29, 2005, between the Carrier and

the Brotherhood of

Maintenance of Way Employees; if you dispute this action, a ctalm for your reinstatement may be filed on your behalf within 60 days from the date of this letter."

A claim was timely filed In Claimant's behalf but nothing was established via the claim route that would nullity Carriees action. This is not the first time someone violated tire 10-year drug and alcohol understanding as there exists numerous Awards on the property involving a number of arbitrators, Brotherhood of Maintenance of Way and this Carrier each upholding Carrier's right to terminate an employee's employment Carrier's action was in accordance with an existing Agreement AW Claim denied.

This Board, after consideration of the dispute iden above, hereby orders that
an award tavorab* to the Claimant(sy not be
1 ,.

R L. Idirks, C irtrran

Wutral Member

~eAJS.~ fJC~ ~l~
David D. Tanner, Labor Member Samantha Rogers, Carrier bar
Dated: &14i A)CL-7