PUBLIC LAW BOARD NO. 5050
Award No.
Case No. 344
(Brotherhood of Maintenance of
War
Empbyes
PARTIES TO PUTE:
(The Burlington Northern Santa Fe RaOroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIM:
1. The Carrier violated the Agreement when Claimant G. P. Gadiff, was
terminated
for
testing positive for alcohol a second time within ten
years on March 4, 2009; and
2. 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 horn Claknant's personal record and make Claimant whole
for al! Ikne lost commencing March 4, 2005.
FINDI
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 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.
Item 1 of the Shttlrnsrtt of Claim soft forth the occurrence that prompted a
termination fetter. Claimant's termination under the terms of an existing Agreement
without a hearing was proper.
After the first positive test result for a controlled substarme, to regain his
seniority Claknant went through an EAP program and agreed to a stringent set of
conditions, plus being advised a second positive
within
a 10-year span would result in
Page 2
PLB NO. 5850
his termination. Claimant's first positive test was August 10, 2007.
The Carrier's action in this matter was proper and within the scope of existing
Award No.
Case No. 344
Agreements.
Claim denied.
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Clabnant(s) not be made.
Robert L. Hicks, Chaintian d, Neutral Member
c
tQ,;6
David D. Tanner, For the Employees
Dated:
411~-'109
Samantha Rogers, Fof a Carrier