SPECIAL BOARD OF ADJUSTMENT NO. 1048
AWARD NO. 180
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
NORFOLK SOUTHERN RAILWAY COMPANY
Statement of Claim:
Claim on behalf of C. A. Templin for reinstatement to service with all rights and
privileges lost as a result of his dismissal from service following a formal investigation
concerning failure to comply with the Policy on Alcohol and Drugs and the instructions
of the Medical Director in that he tested positive for marijuana on July 24, 2008.
(Carrier File MW-DECK-08-37-LM-433)
Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are
carrier and employee within the meaning of the Railway Labor Act, as amended, and this board is duly
constituted by agreement under Public Law 89-456 and has jurisdiction of the parties and subject matter.
AWARD
After thoroughly reviewing and considering the record and the parties' presentations, the Board finds that
the claim should be disposed of as follows:
On July 11, 1994, Claimant tested positive for marijuana and was referred to Carrier's DABS program
for rehabilitation. Claimant completed the program and returned to service. On April 5, 1995, Carrier's
Director Medical Services wrote Claimant reminding him that any future positive test would subject him
to dismissal and would not be eligible for further reinstatement under the DABS Program.
On July 24, 2008, Claimant again tested positive for marijuana. Claimant admitted that he frequently
used marijuana. He testified that he is HIV positive, that the drug regimen he has to follow takes away
his appetite causing him weight loss and that he uses marijuana to restore his appetite. Claimant also
admitted to the Track Supervisor that he realized his choice to use marijuana endangered his railroad
career.
SBA No. 1048
Award 180
Our role is not to pass judgment on the choice Claimant made. Our role is limited to determining
whether Carrier violated the Agreement when it dismissed Claimant. Clearly there was no Agreement
violation. Accordingly, the claim is denied. ,,
r.
M. H. Malin
Chairman and Neutral Member
T°.'W. KrekeD. L. Kerby
Organization Member
°`
Carrier Member
Issued at Chicago, Illinois on September 24, 2009.
