Upon the whole record and ail the evince, 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 tree notice of the hearing thereon.
On October 26, 2006, Claimant was advised his seniority and service with the Carrier had been terminated pursuant to the Agreement Rules when an employee tests positive any time during the period of ten years from his first positive such test. This just happens to be Claire ant's third bite of the poisonous apple.
Under the Agreement that exists wherein an employee's seniority and service rights arse terminated without a hearing, the Claimant, if he disputes the findings, can file
Page 2 PLB NO. 5850 Award No.This was done. In these situations, the burden of proof of Carrier's alleged failure to abide by the Rules rests solely upon the shoulders of Claimant.
There is no doubt about the circunnstances leading to the termination. Claimant took his dental problem to Mexico (he was working close to Mexico) where that dentist numbed him with Codenlk One day following his return to work, he was tested and the test was positive far cocaine
It develops that the pain killer used by the dentist was entirely legal in Mexico but is banned In the United States.
No efrort was made to convince this Board that the pain liHler contained a cocaine derivative of a sufcient quality to cause a positive test.
Under these conditions, Clainnant will not be returned to service. This is his third occurrence of testing positive for a banned substance.
This Board, af'br consideration of the dispute Identifled above, hereby orders that an award favorable to the Claknant(s) not be made.