PUBLIC LAW BOARD NO. 6221
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NEW JERSEY TRANSIT RAIL OPERATIONS, INC.
"Carrier" Case No. 4
VS.
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES Award No. 4
"Organization"
(F. Euell)
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IN CONNECTION WITH:
On February 2, 1999 the office of the Division Engineer
was notified that the result of your follow-up drug test
was positive for cocaine and as a result, you were
unavailable for work. That test was conducted as part of
your Mandatory EAP Participation as outlined in a
disciplinary waiver dated 6/18/98 and your Treatment Plan
Agreement with the EAP dated 6/18/98.
Therefore, in connection with this matter you are charged
with violation of: your Mandatory EAP Participation as
outlined in a disciplinary waiver dated 6/18/98 and your
Treatment Plan Agreement with the EAP dated 6/18/98. NJ
TRANSIT s Drug and Alcohol-Free Workplace Core Policy,
Section V.A. Prohibited Behavior and VIII. C. Mandatory
EAP Participation.
OPINION O THE BQ RD
Carrier contends that the facts of this matter, as set forth
above, establish that its actions towards Claimant were not
arbitrary or capricious and that the penalty of termination was
appropriate. carrier asserts that as -a result of policy, procedure
and past practice, and in light of the gravity of the admitted
offense, the discipline cannot be reduced. The Organization
contends that Claimant should be returned to work contingent upon
his continued participation in the drug treatment program subject
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to whatever testing needs to be done by the program so that he can
continue as a productive employee with Carrier.
The Board has determined that the claim must be denied.
Carrier has established that Claimant's actions did indeed
violate policy, procedure and past practice. Claimant initially
tested positive in a random drug test in 1998. Claimant's positive
test result was in violation of Carrier's Drug and Alcohol-Free
Workplace Core Policy. In response,- Carrier offered Claimant the
opportunity for rehabilitation.
opportunity, signing on June
waived his right to a hearing and agreed
including that a positive test result on
Claimant availed himself of that
18, 1998 an agreement whereby he
to certain conditions,
a future, unannounced,
follow-up drug test will result in my dismissal. Also on June
18, 1998, Claimant signed a "Treatment Plan Agreement For Drug
and/or Alcohol Testing in Connection With the EAP Participation" in
which he agreed to future periodic testing and that "if the
periodic test is positive for drugs or alcohol I will be terminated
from my employment." Carrier has further established, and Claimant
has candidly admitted, that in early 1999 he did test positive for
cocaine and that this positive- test, occurred due to drug
usage by Claimant.
The Board does not take Claimant's termination lightly. As
well argued by the Organization, Claimant was a long term employee
who provided good service to Carrier. Claimant has also admirably
responded to his 1999 positive test result, with the organization
s assistance,- by undertaking further rehabilitation.The Board
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appreciates Claimant s representation that he is now drug free and
would not further disappoint Carrier. Under the circumstances here
present, however, including Claimant's own agreement that a
positive test result would result in his termination, the Board is
not privileged to show leniency towards Claimant and set aside his
termination. Thus, notwithstanding the Claimant making a positive -
impression before this Board, and the Board's best wishes to the
Claimant for his continued rehabilitation and employment elsewhere,
this claim must be denied.
AWARD
Claim denied.
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P. Charles
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J. Bdrbati '
Carrier Member Organization Member
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