PARTIES TO THE DISPUTE :
 CSX TRANSPORTATION. INC.
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 BROTHERHOOD OF RAILROAD SIGNALMEN

 STATEMENT OF CLALM :

OPINION OF BOARD: Claimant E. F. Shaffer, III (ID 320474) began his employment with CSXT on August 1, 199 1. In November 1995, he was dismissed on a charge of improper use of a Corporate Lodging Card while off duty on October 12 and 17-19, 1995. His discharge was subsequently appealed the National Railroad Adjustment Board which modified the discharge penalty in Third Division Award No. 32568, as follows:




Upon his return to service, Claimant signed on for the CSXT Substance Abuse Treatment Plan dated June 2, 2000. Among other items, the program required the Claimant to be subject to short-notice drug testing and to meet with EAP or a designee upon request. Also, Claimant entered



COMPANY CASE NO. 15(01-0129) into the following commitment as a condition of his reinstatement


      Property addressing a substance abuse issue is of paramount concern in the safe discharge ofcompany related dunes. I understand that failure to comply with any or all of the treatment recommendations may be grounds for disqualification by the Chief Medical Officer and, in some circumstances, may require release of this document to supervision for the purposes of disciplinary action


      I understand this contract will remain in effect for 5 years from date signed and I agree to release a copy to the Chief Medical Officer, CSX Transportation.

.A urine specimen Claimant provided on June 26, 2001, tested positive for cocaine metabolites, following which he admitted to General Manager Signal Construction, R A. Klein, that he had been drinking at a party which "led to other things." The results of that test subsequently were quashed by the CSXT Medical Review Officer because, when Claimant requested that the specimen be re-tested by another laboratory, it was discovered that the original sample had not been collected as a split specimen. Nonetheless, in accordance with his Substance Abuse Treatment Plan, Claimant was directed to participate in a three-day inpatient evaluation for chemical dependency at the Cornerstone of Recovery, Incorporated, a treatment facility. However, Claimant was expelled from that facility because of his menacing behavior towards the doctors and staff, including threats of physical harm to EAP Director, D. C. Bowen.

By letter of August 14, 2001, Claimant was notified by General Manager Signal Construction Mein that his employment was terminated, as follows:


      As a result of your recent failure to participate in the Carrier Employee Assistance program as outlined in the reinstatement award, you have failed to comply with the conditions set forth in Award No. 32568, Docket No. SG-35504 rendered by the 17hird Division of the National Railroad Adjustment Board. Accordingly, your employment with CSXT is terminated in all capacities effective immediately.

A careful review of the record evidence leaves this Board persuaded that Claimant's termination of employment was self-inflicted under the terms of the conditional probationary reinstatement which he was awarded by the NRAB Third Division in Award 32568. He was given his final opportunity to prove himself a worthwhile employee to the Carrier but was unable or unwilling to comply with the mandatory conditions attached to that last chance reinstatement. Nothing in this record warrants any further intervention by this Board.


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                                AWARD NO. 15

                                NMB CASE NO. 15

                                UNION CASE NO. 12303

                                COMPANY CASE NO. 15(01-0129)


                        AWARD


                        Claim denied.

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                  Nancy Faircloth Eischen, Chair


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Union t mber Comp Member
 Dated: ado3 Dated: ~~ 0.3

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