(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM :

      1. The Carrier violated the Agreement when on June 3, 1998, the Carrier

          dismissed Mr. R. McCabe for allegedly violation of Section 6.2 and 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

          22, 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 all 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 (10y 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 filed within 60 days, of the date of the dismissal letter.

Obviously a claim was filed, but the results of Claimant's testing positive for alcohol on May 22, 1998, could not be overturned, and since Claimant's first positive test for a

                  ,a


PL .s Aid . 596
 Page 2 Award No. g-7
                                                Case No. 87


prohibitive substance occurred April 9, 1997, Carrier's implementation of dismissal for a socond positive test within a ten year period was In accordance with the letter of understanding, The discipline will not be disturbed.

                          AWARD


      Claim denied.


                          ORDE

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


Rick B, ehrli, Labor Member Thomas M. Rohling, Carrier M or
 Dated: