PARTIES TO DISP=:
Brotherhood of Locomotive Engineers
AWARD No. 8
-and- CASE NO. 8
Burlington Northern-Santa Fe Railway
STATEMENT OP CLAIM:
It ~s hereby requested that Engineer Rueter's
discipline be reversed, that he be made whole
for all lost time resultant from this incident
and investigation, and that notation on his
personal record be removed.
FINDINGS:
This Public Law Hoard No. 6284 finds that the parties herein are Carrier
and Employee, within the meaning of the Railway Labor Act, as amended, and that
this Hoard has jurisdiction.
By letter dated June 11, 1999, the Claimant, Mr. Z.N. Rueter, was notified
by the Carrier that he was diSm15'aed from service as follows:
This letter will confirm as a result of the formal
investigation afforded you on May 21, 1999, held
at West Quincy, No., concerning the adulteration of
the urine sample supplied by you on April 14, 1999,
you are dismissed from employment for violation of
rules 1.1, 1.3.1, 1.5 and 1.6 of The General Code
of operating Rules.
Please arrange to return all Company property and
any Amtrak transportation passes in your possession.
A check will be issued for any moneys due you.
This letter
will
be placed in your personal file.
Your signing below serves as receipt of this dismissal.
Respectfully;
a/William S. Smith
Superintendent Operations
Pt. Madison, Is.
The Organization appealed the discipline, and the matter has been properly
p-s
IVo.
GzBV
AwA,w No.
6
progressed to this Board for adjudication.
No basis exists to sot aside the discipline in this case on the procedural
issues asserted by the organization.
Substantial evidence of record compels the conclusion that Mr. Rueter
watered down his urine sample in an PRA random testing and is responsible for
the rules violations set forth in the Carrier's Tune 11, 1999 dismissal letter.
We have carefully considered the Carrier's view that permanent dismissal is
mandated in this case. However, considering all factors of record including
the seriousness of tae proven violation and the quality of the Claimant's
service record, and the fact that he had no prior Rule 1.5
discipline, and
his
successfully following the program required by his employee assistance
counselor, he shall be returned to service with all rights unimpaired. The
long period of time he has been withheld from service shall be deemed a
disciplinary 'suspension.
AWARD
As per Findings.
ORDER: The Carrier is required to comply with this
award within thirty days.
Chaff ~fid Neutr Member
Employee Member Carrier amber
Dated: