SPECIAL BOARD OF ADJUSTMENT NO. 1048

Award No. 36

Parties to Dispute:

Brotherhood of Maintenance of Way Employes

and

Norfolk and Western Railway Company

Statement of Claim:

Claim on behalf of S. M. Guinan appealing his dismissal for failure to follow the instructions of the Medical Director as stated in his letter dated September 13, 1991 and violation of the Carrier Drug Policy in that he did not keep his system free of prohibited drugs. [Carrier File MW-ROAN-92-8-BB-22]

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:

.,,f/ai ,D?v/,S/~ .~ 7i t' ~a / D /'E L G /2 c. ~7~7~s ~S .~

Thomas J. DiLauro

ichard A. Lau . F. Mill
Organization Member Carrier MeATer

Issued at Philadelphia, Pennsylvania on August 3, 1992