PUBLIC LAW
BOARD NO. 5850
. Award No.
Case No. 343
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Burlington Northern Santa Fe RaNroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIM:
1. The Carrier violated the Agreement when Claimant H. d. Rice, Jr.,
was tarmltmted for tasting positive for a controlled substance a
second Wm within ten years on March
s,
2008; and
2. As a corwequenco of the violation referred to in part 1 the Carrier
shall krnrtediately return the Claimant to service with seniority,
vacation and all otfier
rights unimpaired, remove
any mention of this
incident from Cialmant's personal record and make Cwhole
for all time lost commencing March 6, 2008.
FINDINGS
Upon the whole record and all the once, 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.
Item 1
of the
Staternont of Claim sots forth the occurrence that prompted a
termination letter. ClalmarWs termination under the
terms of an existing Agreement
without a hearing was proper.
After the first positive test result for a controlled
substance, to regain his
seniority Claimant went through an EAP program and agreed to a stringent set of
conditions, plus being advised a second positive within a 90-year span would result in
Page 2
PLB NO. 5850
his termination. Claimant's first positive test was February 27, 2008.
The Carrier's action in this matter was proper and within the scope of existing
Award No.
Case No. 343
Agreements.
AWARD
Claim denied.
This Board, after consideration of the dispute iderdli1ed above, hereby orders that
an award favorable to the Claimant(s) not bar made.
Robert l.. Nicks, Cllainnan & Neutral Member
David D. Tanner, For the Employees
Dated:
411&A'0'
Samantha Rogers, For the`