(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (The Burlington Northern Santa Fe Railroad (Former (ATSF Railway Company) STATEMENT OF CLAIM:




shall immediately return the Claimant to service with seniority,
 vacation and all other rights unimpaired, remove any mention of this
 Incident from ClaknarWs personal record, and make Ciamant whole
 for ail time lost commencing May 11, 2006.
 FINDINGS

Upon the whole record and all the evidence, the Board finds that the parties herein are Carrier and Employes within the meaning of the Railway Labor Act, as amended. Further, the Board is duly consfrtuted 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.

On July 7, 2005, Claimant tested positive for alcohol. To retain his seniority and because the July 7, 2005 positive test was a first time occurrence, Claimant signed a letter of understanding that clearly spelled out the consequences should he fail a second alcohol test within ten years.

Claimant, on May 11, 2006, again tested positive for alcohol, and this being his second failure within ten years, he was advised he was dismissed from the service of the

Page 2

 Carrier.

 pt'r3 No . S65-0

 Award No.

 Case No. 311

 This dismissal was pursuant to the existing Agreements which have boon challenged numerous times In cases resolved both before nsuttalo in Public Law Boards

 4244 and 5850.

 Carriers termination of Claimants sanforitr and right to work were in accordance with existing Agreements. The dismissal is confirmed by this Board.

 AWARD
Claim denied.

 This Board, after consideration of the dispute Identified above, hereby orders that an award favorable to the Claimants) not be made.

 Robert L. Nicks, Chalnnan A Nottret Mlamber

 David D. Tanner, For the Employee

 Dated: 4 zc'~ '22:'C4

 az~:Zlr-/fo~
 Samantha Rogers, F~nrier