PARTIES United Transportation Union 1 o n

TO r. ,~ or
 r
 DISPUTE: and =; _?;,.j
 031'°
 Consolidated Rail Corporation ° '°

o °


STATEMENT Appeal of discipline of dismissal assessed Train
 OF
 CLAIM: man K. R. Bernat in connection with the following
 charges as outlined on Notice of Discipline
 (G-32) dated March 8, 1988:
 "Your failure to comply with Conrail Drug Test
 ing Policy as you were instructed in letter
 dated November 23, 1987, from Medical Director
 P. Marazine, in that you did not provide a
 negative drug screen by January 7, 1988, in
 that you failed to refrain from the use of pro
 hibited drugs as evidenced by the urine sample
 provided on 2/8/88 testing positive."
 FINDINGS: Following a formal investigation held on March 3,
 1988, claimant was dismissed from Carrier's ser
 vice. He failed to appear at the investigation
 and it was held in absentia. No procedural ob
 jections have been raised and no prejudicial
 error is disclosed by the record.
 Claimant had taken a return-to-duty physical on

                                -2- S6A 9 to - 3</0


        November 17, 1987 that included a drug screen urinalysis; the


' test proved positive for cocaine. He was duly advised that in
        accordance with Company Policy, he would have to provide a negative

        urine sample within 45 days. At the same time, he was strongly

        advised to contact the Conrail Employee Counselor who would

        assist in getting him into an approved program which would also

        extend the time limit for providing a negative screen. He also

        was notified that failure to comply would result in dismissal.

        The deadline for producing a negative urine sample was January 7,

        1988.

        On February 8, 1988, claimant provided a urine specimen, but that indicated, as Roche Bio-Medical Laboratories certified, that the level of cocaine in his system had increased from the November 17, 1987 test level.

1
        At the time of the November 17, 1987 test, claimant had a good record of 14 1/2 years service. However, his use of cocaine and his failure to accept professional help as well as an attendant extension of time to pass a drug test leaves this Board with no alternative but to uphold Carrier's decision to dismiss him. Company's Policy with respect to drugs is a reasonable and necessary one and will be enforced in all appropriate cases. Test Policy and all its provisions have been made known to each employee.


        AWARD: Claim denied.


                      Adopted t Philadelp ia, PA,'"~l ~~ 1989.


                          Harold M. Weston, Chairman


            Ca ier ember Employee Member