Partiia to Q7.sD3te:
    United Transportation Union


        and


    Norfolk Southern Railway Company


SxacemP^. of salmi
    Claim of Georgia Division, Brosnan 'yardman F. Sanders for restoration to the service wish seniority, vacation and all other rights unimpaired, including health and welfare benefits and payrnert o: all tint last with all notations removed from his personal record as the result of his unwarranted dismissal from the service in connection with his alleged failure to comply with the inscructiona in the Carrier's Medical Director, Dr. J. P. Salb's letter dated December 21. 1987, instructing claimant to kelp his system free of prohibited substances.


Opinion of Board,
An par: of a physical examination on November 23, :987, Claimant provided a urine specimen which tested positive fey prohibited drugs. He provided a negative sample within 45 days and returned to service. Subsequently, he was put on notice by Carri:r~s medical director to keep his system fret of prohibited drugs and that a future positive teat would subject him to dismissal under the Carrier's policy on drugs.

 Ca September 30, 1994, Claimant submitted a urine sample for testing as part of a periodic physical examination. It tested positive far marijuana and Claimant was dismissed for failing to follow the medical director's instructions, and the policy on drugs.

 The organization's arguments that Claimant ingested the substance by passive inhalation are not persuasive. After carefully reviewing the record, we find that dismissal was neither arbitrary nor excessive.
Findings:
    That the Agreement was not violated.

                                                  Page 1 of 1


                                  PIS 9£4

                                  Case :do. E?2

                                  Award No. e?-

                                      Pace Tao


Award:
    Claim denied.


Dated at Norfolk, Virginia, this _~ day of ~~R~

1995. ; .--- //

                    I ~1

                    J n 8. Criswell, Neutral Member


                    K.:~t. 'Been, Carrier Member


                        z Organization Member


Carrier File: WY-CM-94-12
 Org. File: 5-187fi2

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                                            A;'n ~;~ . 87 3