PUBLIC LAW BOARD NO. 5860
(Brotherhood of Maintenance of Way Employ"
PARTIES TO DISPUTE:
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company
STATEMENT QF CLAIM:
1. The Carrier violated the Agreement when Claimant J. Lava, was
terminated for testing positive for aloohof a second time within ten
years on Apdi 7,,2008; 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 ail other rights unimpaired, remove any mention of this
incident from Claimant's personal record and make Claimant whole
for ail time lost commencing April 7, 2008.
IN G
Upon the whole record and all the evidence, the Board finds that the parties
heroin 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 Statement of Claim sets forth the occurrence that prompted a
termination letter. Claimant's 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 1o-year span would result in
Page
PLB NO. 5850
his termination. Claimant's first positive test was September 20, 2007.
The carrlar's action in this matter was proper and within the scope of existing
Award No.
Case No. 345
Agreements.
AWARI
Claim denied.
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Ciefmant(sj not be evade.
Robert L.. Hicks, Choi an &I Neutral Member
vid D. Tanner, For the Employees
Dated:
-//W0q
Samantha Rogers, For t1 Carrier
