NATIONAL MEDIATION BOARD

PUBLIC LAW BOARD NO. 6986

AWARD # 7 CASE #7












"1. The Carrier violated the Agreement on August 23, 2006, when Claimant John E. Hoffman was dismissed for testing positive for a controlled substance and/or alcohol twice within the past ten years violating Maintenance of Way Operating Rule 1.5.

 2. As a consequence of the Carrier's violation referred to in part (1) above, the Claimant should be returned to service, paid for all lost time, and that all references to this incident shall be removed from Claimant's personal record.

Carrier File No. 12-06-0079

Organization File No. B-2845-2




Claimant was notified by letter dated July 5, 2006 to attend an Investigation to ascertain the facts and determine his responsibility , if any, for his alleged failure of a Random Drug Test on June 13, 2006. The hearing was rescheduled for August 15, 2006 by later dated July 12, 2006.

 The hearing was held on August 15 as scheduled and the Claimant and his representative were present and were permitted to ask questions of the
 Public Law Board No. 6986
 Case No. 7 Award No. 7

 witnesses.

 The Organization argues that the Claimant was taking prescription and nonprescription medications that could have indicated a false positive reading when the Claimant took the random test. The Carrier however through documentation has supported their position that the Claimant has again failed a drug test. As this is his second violation wig ten years the imposition of termination is called for. (The Claimant's first infraction of the Carrier's Drug Policy was in August of 2003.)

 We do not find support in the record to disturb the discipline levied by the Carrier. The claim must be dennied.

 AWARD

 Claim denied in accordance with the findings.

 Don A. Hampton, Chairman & Neutral Member

 /J~ 10
 R.C. Sandlin
 Organization Member

 DATED: 31 -7

 Samantha Rog6'd_
 Carrier Member
2