(Brotherhood of Maintenance of Way Employes . P ARTIES TO Qj]$-PUTE:
                  (The Burlington Northern Santa Fe Railroad


STATEMENT OF CLAIM ;

      1. The Carrier violated the Agreement when on May $, 199$, the Carrier

          dismissed Mr, F.F. Espinoaa for allegedly violation of Section 12 of the

          Carrier's Policy on Use of Drugs and Alcohol, effective October 15, 1996,

          in connection with his alleged testing positive for alcohol on May 1,

          1998, for the second time within a ten year period.


      2. As a consequence of the Carrier's violation referred to above, Claimant's

seniority shall be restored, he shall be paid for aft wages lost and
 discipline shall be removed from his record.
 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, has 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 (1oj years would be subject to dismissal whenever they test positive a second time."


      The parties have further agreed that:


      "...an employe who Is subject to dismissal under the aforequoted provision ...shall be notified in writing by Certified Mail, Return Receipt requested, to the employee's last known address, copy to the General Chairman, of termination of his seniority and employment ...."

The understanding further provides that if the Claimant disagrees with the Carrier's decision, a claim can be flied within 60 days of the date of the dismissal letter,

Obviously a claim was filed, but the results of Claimant's test on May 1, 1998, registering alcohol In his system could not be overturned, and since Claimant's first positive

Page 2 Award No. g1~'
 Case No. 8&

 test for a prohibitive substance occurred October 25, 1991, Carrier's implementation of dismissal for a second positive test was in accordance with the letter of understanding. The discipline will not be disturbed.

      AWARD

      Claim denied,

      ORDER

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

              Robert L. Hicks, Chairman & Neutral Member


    YZ /J_ .

Rick B lehrli, Labor Member Tftomas M, Rohling, Carrier Mer

 Dated: /