PUBLIC LAW BOARD NO. 5860
Award No.
Case No. 323
(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 September 12, 2007 when
Claimant, L.R. Mansfield was dismissed for testing positive for
alcohol a second time within 10 years, during a follow up test; and
Z. As a consequence of the violation referred to In part 1 the Carrier
shall Immediately return the Claimant to service with seniority,
vacation and all other rights unimpaired, remove any mention of this
incident from ClalmanVs personal record, and make Claimant whole
for all time lost commencing September 12, 2007.
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.
On September 8, 2007, Claimant underwent a follow-up test under the Drug and
Alcohol Policy that revealed the presence of a controlled substance.
Claimant's first violation of the Drug and Alcohol Policy occurred on July 2, 2004.
He received a conditional suspension based upon his agreement to abide fully with all
the Instructions issued by the Employee Assistance Manager.
He successfully completed that program and was reinstated to service on August
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Award No.
Case No. 323
6, 2004. In order to regain his seniority and his job, he signed an agreement that he
would be dismissed for violating the terms of that agreement if he had more than one
positive test for any controlled substance or alcohol under any circumstances during
any 10 year period.
To reiterate, his first failed drug and alcohol test occurred July 2, 2004. The
second failed test was September 6, 2007. He thus violated the terms of the agreement
he signed to regain his seniority and pursuant to the existing Rules which have been
challenged without success numerous times, he was dismissed from service.
Carrier acted property as provided for In the existing Agreements.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute Identified above, hereby orders that
an award favorable to the Cia'nnant(s) not be made.
Robert 1. Hicks, Chairman & Neutral Member
David D. T nner, For the Employees Samantha Rogers, For Carrier
Dated: