Org. File 238-57-1327 - Decision No. 5827
 Co. File TRN 8-S-58 Case 1322
 Supplemental List No.
 SPECIAL ADJUSTMENT BOARD N0. 18
 (Train Service Panel)

 PARTIES _TO _DISPUTE: United Transportation Union -
 Southern Pacific Transportation Company
 (Western Lines)

 STATEMENT OF CLAIM: Request of Brakeman Ivan W. Carey, Salt Lake District. Sacramento Division, for reinstatement to service with seniority unimpaired and for replacement of wage loss and productivity credits resulting from his suspension from service on or after October 18. 1987, and from his dismissal from service on December 8. 1987, because of his alleged violation of Rule G of the General Code of Operating Rules, which occurred on October 18, 1987.

 STATEMENT OF FACTS: On October 18. 1987, the Claimant was
 one of several crew members who was requested by the Company
 to submit a urine sample at Now Care Center, Ogden, Utah,
 for toxicological testing. The Claimant produced two urine
 samples at this time. Now Care personnel dispatched one
 sample to Roche Biomedical Laboratories (RBL): the other, at
 Claimant's request. to Associated Regional and University
 Pathologists (ARUP). Roche Laboratories reported the
 Claimant's urine tested positive for cannabinoids at a cut
 off level of fifty nanograms per milliliter. They used two
 screening tests (the RIA and EIA). A confirmatory test,
 conducted at the Roche Laboratory by the gas chromatography
 /mass spectrometry method at a cut-off level of less than
 ten nanograms per milliliter, asserted the presence of 27
 nanograms per milliliter of carboxy TNC, a metabolite of
 marijuana. The ARUP report, also conducted at a detection
 level of fifty nanograms per milliliter, asserted a negative
 showing of cannabinoids. There was no confirmatory test
 done by ARUP since the screening test was negative.

 On October 25, 1987 the Carrier directed the following notice to the Claimant:








Subsequently, the Claimant was dismissed.

 FINDINGS: The Board finds, after hearing upon the whole record
 and all evidence that the Parties herein are Carrier and Employe
 within the meaning of the Railway Labor Act, as amended, that
 this Board is duly constituted by Agreement and it has
 jurisdiction of the Parties and the subject matter, and that the
 Parties were given due notice of the hearing held.

 DECISION: It is the conclusion of the Board that there is insufficient proof in this record that the Claimant was guilty of violating Rule G. The Carrier did not do an adequate job at the investigation of reconciling the fact one test was negative and one test was positive, at the 50 ng level. This record just leaves too much doubt as to the validity of the test in this case.

 Additionally, the validity of theconfirmatory test (GC/MS) when combined with the conflicting initial screening test, is suspect because it was done within the same laboratory as the initial screening. In Decision No. 5734 the broad issue of the Carrier's testing procedures was reviewed. The Carrier stated at that time that the validity of the GC/MS was underscored because it was done by a second independent laboratory. This avoided the potential reluctance of the initial laboratory to invalidate its own procedures by a conflicting confirmatory test. In short. it was asserted in Decision No. 5734, having two outside labs involved increased the objectivity and reliability of the test. Thus, the Board is not convinced on the basis of this record that the change in procedure (having both tests done under one roof) is appropriate. Additionally no notice was given to the Union of this change.

In view of the foregoing the claim is sustained.

                            Gi be~rno· n

                            Chairman and Neutral Member


                            P.-G. Sears _-___-______-,

                            Carrier Member


                            G. W. Gallagher

                            Employe Member


Dated this ~~ day of ~ /~1 $9 San Francisco. Califo ia.

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