- PUBLIC LAW BOARD NO 5850 -


(Brotherhood of Maintenance of Way Employes
 PARTIES TO DISPUTE: -
 (The Burlington Northern Santa Fe Railroad
 STATEMENT OF C -.-UM: - -_



FINDINGS
 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. hats jurisdiction of the Parties and of the subject matter. and the Parties to this dispute were given due notice of the hearing thereon. The Carrier's Drug and Alcohol Policy clearly stipulates that:

 `Those employes who have tested positive in the past ten (10) years would be subject to disrtzissal whenever they test positive a second time' 11ie parties have agreed that:

 '`...an employe who is subject to dismissal under the aforequoted provisions ... sliall be
 notified in writing by Certified Mail, Return Receipt requested. to the employee's last
 known address. copy to the General Chainuan. of termination of his seniority and
 employment .... _,
 Claitttant. in November of 1994. tested positive for a prohibitive substance and was placed on
 medical leave. He was permitted to resume service on Jaumai-v 9. 1995. with the proviso that tbr the
 nest two years he would be subject to random testing. On August 9. 1995. he tested positive and
,1' a -,e'3 Award No. S
                                                Caso No.


following a timely held Investigation. lie was dismissed from all service with the Carrier.
      Tlle Carrier has substantiated its charge and has conclusively established Claunant's culpability.

This being the second trine within ten years. Claimant's dismissal was in accordance with agreement
 Rules. - _
 The fact that tile first evaluation determined that Claimant was not in need of rehabilitation does - not negate the Understanding of June 2-4. 1991. that employees testing positive for the second time Nvitltirl tern verus will be terminated. Claimant should have been fit lly cognizant of the consequences of testing positive a second tune. Tile discipline was prescribed in the Agreement. It will not be disturbed.

                          aw-


      Claim denied.


ORDER Board. after consideration of the dispute identified above. hereby orders that an award favorable to the Claimant(s) not be made.

                  Robert L. Ilicla

                  Chaimlan and Neutral Member


.e -
 . F0OSe 6feg 11
 Labor Member Carrier Member

 Dated 73 `l9~ -