SPECIAL BOARD OF ADJUSTMENT NO. 1048
Award No. 30
Parties to Dispute:
Brotherhood of Maintenance of Way Employes
and
Norfolk and Western Railway Company
Statement of Claim:
Claim on behalf of D. R. Swayne appealing his dismissal
for failure to follow the instructions of the Medical
Director as stated in his letter dated June 10, 1991 and
violation of the Carrier Drug Policy in that he did not
keep his system free of prohibited drugs.
[Carrier File MW-ROAN-91-79-SG-325]
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.
This award is based on the facts and circumstances of this
particular case and shall not serve as a precedent in any other
case.
AWARD
After thoroughly reviewing and considering the transcript and
the parties' presentations, the Board finds that the claim
should be disposed of as follows:
Thomas J. DiLauro
Richard A. Lau
Organization Member
. F. bi ler,
Carrier Memb
Issued at Philadelphia, Pennsylvania on August 3, 1992