SPECIAL BOARD OF ADJUSTMENT NO. 1049
Award No. 28
Parties to Dispute:
Brotherhood of Maintenance of Way Employes
and
Norfolk Southern Railway Company
Statement of Claim:
Claim on behalf of R. J. Benton requesting that he be
reinstated with seniority unimpaired and with back pay as
a result of his dismissal for failing to comply with the
instructions of the Carrier's Medical Director and Company
Policy to keep his system free of prohibited drugs.
[File Number MW-KNOX-91-O1-LM-148]
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 f as follow,~s,.~,
A.&
.:~ A
/ I1.l~tt .r
.o~.~.l. ~. .:(,.
James E. Mason
Richard A. Lau . F. Mi le Jr.
Organization Member Carrier Mem er
Issued at Palm Coast, Florida on December 17, 1991