w.




                              Case No. 482

                              File 900164


      Parties Brotherhood of Maintenance of Employes

      to and

      Dispute Union Pacific lhilroad Company

      (Former Missouri Pacific Railroad)


      Statement

      of Claim: 1. Carrier violated the Agreement, especially Rule 12,

      when Machine Operator G. W. Cole was withheld from service

      on October 27, 1989.


            2. Claim in behalf of Mr. Cole for ten (10) hours each work day to cover October 30 to November 6, 1989, plus expenses and travel time lost when his gang moved to Spring, Texas while he was withheld account of false drug test, and this incident removed from his record.


              Findings: The Board has jurisdiction of this case by reason of the parties Agreement establishing this Board therefor.


            The Claimant, Assistant Gang Tamper Operator, Gary W. Cole, following a periodic medical examination given he and members of his gang on October 11, 1989, was medically disqualified on October 27, 1988 by the Carrier's Medical Director because he had tested positive for illegal or unauthorized drugs (amphetamines). Dr. Richling, in addition to giving him a copy of the findings, reiterated the Carrier's medical and drug policy that had been given to him by letter, dated April 10, 1988, from Assistant Vice President Engineering Services Stan McLaughlin.


              In both letters the Carrier advised each employee, in essence, that an employee after a periodic physical examination being found to test positive to illegal drugs would be withheld from service until such time as he had demonstrated fitness for duty by providing a negative drug test. Further, that such employee had no more than ninety (90) days from the date of the letter of disqualification to demonstrate that the employee had become drug-free by presenting himself to a medical facility selected by the Carrier's Medical Director and providing a urine sample that tested negative for illegal or unauthorized drugs. Also, an employee could enter the Employees Assistance Program, such 90 day period would be extended thereby if the program and treatment so required.

                        -2- Award No. 482


        The Claimant ten days after he was disqualified, requalified and was returned to service by the Medical Director on November 6, 1989.


        The Employees argued that the Claimant was taking a new over the counter sinus pill called "pyrroxate." The Claimant was questioned on October 17 by the Manager of Medical Services as to the medication he had been taking for the sinus problems. He was told on October 27th that he had shown positive for amphetamines and was removed from service.


        The use by Claimant of the over the counter "pyrroxate" was not the factor in the positive test findings. The test of his urine sample was carried out pursuant to the rigorous and professional standards of all other tests.


        The Claimant was not improperly disciplined but rather was medically disqualified. When the Claimant timely produced a negative sample he was reinstated to service. This claim will be denied.


Award: Claim denied.

          GtfYYYYYLBwo ,


S. A. Hammons, Jr. Employee Member D. A.- Ring,-Car ie ember

                      rthur T. Van Wart, hairman and Neutral Member


Issued September 26, 1991.