PUBLIC LAW BOARD NO, 6850
Award No,
Case No, 326
(Brotherhood of Maintenance of Way Employes
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIM:
1. The Carrier violated the Agreement on July 9, 2007 when Claimant,
A.R. Gauna (6526784) was dismissed for testing positive for alcohol
a second time within 10 years, during a follow up test; and
2.
AB
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 Clalmant's personal record, and make Claimant whole
for all time lost commencing July 19, 2007.
FINDINGS
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 the Parties to this dispute were given due notice of
the hearing thereon.
In a random drug test Claimant, on July 19, 2006, was found to have tested
positive.
On September 28, 1999, Claimant tested positive for a controlled substance but
was conditionally
suspended and
regained his seniority by adhering to the instructions
of the Employees Assistance Program. Before he was reinstated, however, he signed an
agreement setting forth a number of conditions he had to abide by, and failure to abide
Page 2
by any one condition would cause his termination of service.
One of the conditions of termination was that it he had any confirmed positive
test for any controlled substance during any ton year period he would be dismissed.
To reiterate, his first felted test was September 28, 19". The second failed test
was July 19, 2006.
Claimant thus violated the terms of
his
return to service, and the Carrier reacted
by dismissing
him
from all service. Carrier abided by the existing Agreement
AWARD
Award No.
Cote No. 326
Claim denied.
This Board, after consideration of the dispute Identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
19,
Robert L. Hicks, Chairman & Neutral Member
Q-4'-t~
David 0. Tanner, For the Employees Samantha Rogers, For Carrier
Dated:
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