participate Claimant
and paid. He¥ <:ttf ,:%,1 1""' pr0'\1'1<1(: SlJlf!11cie:nt "'"·""''"'""'''-'L sent.Claimant physical exI11t1tnat1on Claimant's failure to}irovide sufficient breath
physician,·whq reviewed testonDecember 2015 was nomedicalreason
CJaimanfstailure to provide ad.equate breath test The Chief Medical
.._,,..,..,,..,. concluded thatCiaimanf s conductmanifested a lung evem..The Chief Medical
'""u,...,,.,, considered thatthe lungeventconstituted Claimant'sfailureto presenthimself for
test. The Carrier considered Claimant's conduct as insubordinate in violation
Roadmaster IICarreno scheduled afiinvestigatory hearing 2015. After 4 oostponements initiated by the Organization, the hearing was for June 30, 2016. On the date ofthehearing the Organization requested a fifth postponement which the onproperty
standing IDPAP policy.
dismissal for a first offense,· <=·
Board to d(.;ny this claiII1.
The Organization notesJhat Claimantis along servke employee. v\ith over 35 years seniority. TheBoard 11otes thatClaimantsigned an agreement to participate infoll9w-up testing. The Carrier appropriately treats the shy lw1g resultas a refusal to fully participate in th.etesting, where an indept"'ndent has determined thatthere medicafreason that the
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