SPECIAL BOARD OF ADJUSTMENT NO. 1049
Award No. 25
Parties to Dispute:
Brotherhood of Maintenance of Way Employes
and
Norfolk Southern Railway Company
Statement of Claim:
Claim on behalf of G. A. Robinson requesting that he be
reimbursed with back pay for all time lost due to his
dismissal for "failure to comply with the instructions of
Carrier Medical Director, J. P. Salb, and Company Policy
to contact the office of Manager Rehabilitation Service
within seven days for evaluation as stated in Dr. Salb's
February 7, 1991 letter advising that the drug screen
urinalysis conducted on February 4, 1991 was positive for
cocaine."
[File Number MW-BHAM-91-3]
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
sho be disposed of as follows:
A ~ i~; ~A ~i i L/ A ~ L i
James E. Mason
Richard A. Lau u L'L. F. Miller
organization Member Carrier Member
Issued at Palm Coast, Florida on December 17, 1991