SPECIAL, BOARD OF ADJ-USTMENT NO. 956
BROTHERHOOD OF MAINTENANCE )
OF WAY EMPLOYEE )
AWARD NO. 131
And
CASE NO. 131
NEW JERSEY TRANSIT RAIL )
OPERATIONS, INC. )
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman Clifton Durant for his alleged violation of
`NJ TRANSIT's Drug and Alcohol-Free Workplace Core Policy,
Number 3.25 Section V. Standards of Conduct, A. Prohibited
Behaviors ...in connection with... the result of a Reasonable Suspicion
drug test confirmed positive with NJ Transit's Medical Review
Officer (lYIRO) for a prohibited substance,' was without just and
sufficient cause and undue punishment (Carrier's File BMWE-24-4
05D).
(2) Trackman Clifton Durant shall now be allowed the remedy
prescribed in Rule 26, Section 4. Exoneration."
FINDINGS:
Special Board of Adjustment No. 956, upon the whole record and all the
evidence, finds that the parties herein are Carrier and Employes within the meaning
of the Railway Labor Act, as amended; that the Board has jurisdiction over the
dispute herein; and that the parties to the dispute were given due notice of the
hearing and did participate therein.
After a lengthy absence, Claimant reported to the Carrier's Medical Services
facility on August 9, 2004 for a return to duty physical examination. At that time,
the nurse observed that Claimant exhibited slow speech, bloodshot eyes, and
appeared drowsy. A reasonable suspicion drug test was conducted and the results
were positive for cocaine.
Claimant was notified by certified letter dated August 31, 2004 to attend an
investigation in connection with the positive drug test. When he did not appear for
the investigation, the matter was postponed and rescheduled several times. Efforts
by both parties to contact the Claimant were unsuccessful. The investigation was
S.B.A. No. 956
Page 2
Award No. 131
Case No. 131
ultimately held on April 7, 2005, in absentia. Following the investigation, Claimant
was dismissed from service.
Based on our review of the record in its entirety, it is clear that there is
substantial evidence in support of the charges directed against the Claimant. Once
it is established that the Claimant committed the misconduct alleged, the Board will
not overturn the penalty imposed absent a finding that the Carrier's determination
was arbitrary, capricious or unreasonable. No suck finding is warranted in the
instant case. Testing positive for cocaine is a dismissible offense under the Carrier's
Drug and Alcohol Policy and no circumstances are present which would merit
reconsideration of the penalty imposed. Accordingly, the claim is denied.
AWARD
Claim denied.
carrier Member
Dated February/~, 2006
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ANN S. KEN1S
Neutral Member
