(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (The Burlington Northern Santa Fe Railroad (Former (ATSF Railway Company) STATEMENT OF CLAIM:




shall Immediately return the Claimant to service with seniority,
 vacation and, alt other rights unimpaired, remove any mention of this
 incident from Cla'imant`s personal record, and make Claimant whole
 for ail time lost commencing May 26, 2049.
 FINDING

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:

Past performances of Claimant has. led to his dismissal from the Carrier without a hearing.

In May: of 2007; Claimant, was reinstated, on a conditional basis as he had tested positive for a banned su6edance.

He was taken out of service then, but he was able to regain his working status by agreeing to certain conditions guiding him to a life without using alcohol or any other banned substances as long as he was working for the Carrier.

      One such condition was immediate dismissal for a second positive test within ten

PLB No. 5850

 Page

 Award No.
 Case No. 369

 years of the first test without a hearing,. Claimant knew full well what to expect when he

 signed the list of conditions.

 Gin May 26, 2009, Claimant violated one of the conditions.

 This Board fully supports the action taken by the Carrier as it is supported by

 Agreements

 AWARD
Claim denier!

 t3RDEl
This Board, after consideration of the dispute identified above, hereby orders that

 an award favorable to the Claimant(s) not be made:

 Robert L. Hie", Chairman S Neutral Member

 David D. Tanner, For the Employees

 Dated: / f 1(01A)

 Samantha Rogers, For t~t~,~' Carrier