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




shall immediately retum the Claimant to service with seniority,
 vacation and alt other rights unimpaired, remove any mention of this
 incident from Claimant's personal record, and make Claimant whole
 for all time lost commencing July 9, 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 duty 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 July 9, 2007, a follow-up test under the Drug and Alcohol Policy revealed Claimant tested positive for alcohol.


Clalmant's first violation of the Drug and Alcohol Policy occurred July 11, 2006. He received a conditional suspension upon his agreement to abide fully and completely with all the instructions issued by the Employee Assistance Manager.



Page 2 Award No.

of conditions for his return to service that he was reinstated to service.
 One of the conditions to which he agreed was that if he had any confirmed positive test for any controlled substance or alcohol within any ten year period, he would be dismissed. To reiterate, his first positive test for alcohol was July 11, 2006. The second positive test was July 8, 2007.
 Claimant thus violated the conditions of his reinstatement following his first violation. The Carrier acted properly as provided for In existing Agreements.

                        AWARD


      Claim denied.


                        ORDER


      This Board, after consideration of the dispute Identified above, hereby orders that

an award favorable to the Claimants) not be made.
 h
 Robert L. Hicks, Chairman 3 Neutral Member
 JA /~ _)
 livid D. Tanner, For the Employees Samantha Rogers, For Carrier
 Dated. 02? o~
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