SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 582
Case No. 582
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
(Former Missouri Pacific Railroad
Statement
of Claim: (1) Carrier violated the Agreement, especially Rule 12,
when B. R. Hollingsworth was dismissed from service on
February 14, 1992.
(2) Claim in behalf of Mr. llingsworth for wage loss
suffered beginning February 14, 1992, until reinstated with
seniority, vacation and all other rights unimpaired.
Findings: The Board has jurisdiction of this dispute by reason
of the Parties Agreement establishing this Board therefor.
Claimant following a formal investigation was advised
under date of February 14, 1992 that:
"You are hereby advised the record has- this date been
assessed dismissal account you were insubordinate when you
failed to comply with instructions from Manager of Track
Maintenance, D. R. Martin, in his letter of April 1, 1991,
to remain drug free indefinitely as evidence by a positive
test result of follow-up test given you at approximately
8:30 A.M., Monday, September 16, 1991 in St. Louis,
Missouri, while on duty as Trackman this is in violation of
Rule 600 and 6073 (of Safety, Radio and General Rules for
All Employees, effective October 1989).
Your record now stands: dismissal from the Union Pacific
Railroad."
Claimant was accorded the due process to which
entitled.
There was sufficient evidence adduced to support the
Carrier's conclusion that he was guilty of the charge placed
against him. He was as pointed out in the dismissal not
drug free. The Claimant is in the position that he finds
himself in by such failure. The Board holds with Carrier's
decision of dismissal and finds the discipline imposed is
consistent with other similar cases placed before the Board.
3
-2- Award No. 582
Award: Claim denied.
S. Hammons, Jr., EmplZee Member by exan e , Carrier ember
'an Wart, C alr
and Neutral Member
Issued
May 22, 1993.