AWARD NO. 231
CASE NO. 318
SPECIAL BOARD OF ADJUSTMENT NO. 280
PARTIES ) BROTHERHOOD
OF MAINTENANCE OF WAY EMPLOYES
TO )
DISPUTE ) ST
.
LOUIS
SOUTHWESTERN RAILWAY COMPANY
STATEMENT OF CLAIM
1. The dismissal of Machine Operator J. Bribiesca for alleged violation
of Rule G was without just and sufficient cause and on the basis of
unproven charges (System File MW-87-45-CB/465-5-A).
2. The Claimant shall be reinstated to service with seniority and all
other rights and benefits, including vacation benefits, unimpaired,
his record cleared of the charges leveled against him and he shall be
compensated for all wage loss suffered.
OPINION OF BOARD
As a result of charges dated July 28, 1987, hearing eventually held on August 20,
1987 and by letter dated August 28, 1987, Claimant, a machine operator with
approximately six years of service, was dismissed for violation of Rule G.
While operating a crane on July 21, 1987 in connection with the unloading and
distribution of rail anchors along the right-of-way in the vicinity of White City, Kansas,
Claimant knocked down a power line crossing above the track with the boom of his crane
causing an interruption of power service. After involvement in the accident, Claimant was
sent for testing with the results (confirmed by GC/MS) showing a positive presence of
cannabinoids.
Substantial evidence supports the Carrier's conclusion that Claimant violated Rule
G as charged. The circumstances presented in this matter wherein Claimant had an accident
involving the crane he was operating gave the Carrier a sufficient basis to require Claimant
to submit to a drug test. The results of the confirmed test show that Claimant violated Rule
G.
SBA 280, Award 231
J. F. Bribiesca
Page 2
Contrary to the argument of the Organization, the fact that Claimant may not have
been solely responsible for the accident does not change the conclusion that under the
circumstances of this case, the Carrier had a reasonable basis to require Claimant to submit
to a drug test.
We have considered the other arguments made by the Organization and find them to
be without merit in this case. Under the circumstances, we cannot say that dismissal was
arbitrary, capricious or excessive.
AWARD
Claim denied.
R. O. a r
Carrier Me ber
Houston, Texas
June 11, 1990
Edwin H. Benn
Neutral Member
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