Parties to Dispute:
    United Transportation Union (T-C)


              and


    Southern Railway Company


Statement of Claim:
    r'laim of Conductor D. L. Fowler. Georgia Division, Atlanta District, North, for restoration to service and pay for time lost, including vacation. holiday and health and welfare privileges: dismissed from service for alleged failure to comply with Compar~ policy and instructions of Medical Director in regard to alleged failure to keep system free of prohibited drugs as 'shown in specimen of Conductor Fowler on January 14, 1987.


U371qiqq oE_ Board:

 Claimant: Losted positive in September, 1985. for-controlled ,.lrbsta:ic·.aa, and lie was writ~cn the nsu.zl and customary 1^i ter by et~c: Carrier':. oO.cer giving him two option:.:

 I 1'L' conld pi:--sent til:~t::;:l'~ within 45 days and i.eSi' ne~JaLt,jca and be P.o:LSCned to service.

 2. He could participate in the DABS Program and,* upon satisfactory completion of the program, return to service.

 The first option carries with it the probationary provision that allows the Carrier's medical officer to direct a drug test at any time during the three years following return to service.

 Claimant opted for the first choice. After his return, he was given a test in '86 which was found insufficient and disregarded. In January, 1987, he was again given a test under his provisionary return to service agreement and tested positive.

    Such a test automatically triggers disihissal.


Claimant, we are told, then entered the DARS Program and successfully completed it. However. that does not comply with the written agreements between the claimant and Carrier. He might have exercised the DARS option after the first positive test and been returned to service under that program. We have no authority to return him under the existing circumstances.

            9

PLB 959
 Award 175
 Page Two
Findings:
    That the Agreement was not violated.


Award:
    Claim denied.


    Dated 'this 23rd day of October, 1987. at Atlanta, Ga.


                            . B. Crisorell, Neutral Member

                            la'vzw `27. Axw"

                          D. N. Ray, Carrier Me r


                              R. Barbee, OrganizationtSe~aber


Carrier File T-27735
 Org. Fiie ATN-1245-358-C