Award No. 92
Case No. 110
System Docket No. CR-1977-D
SPECIAL BOARD OF ADJUSTMENT NO. 976
BROTHERHOOD-OF MAINTENANCE OF WAY EMPLOYES
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM:
Appeal of dismissal assessed W. S. Mohr
on
December 4, 1985,
in
connection with violation
of Rule G, reporting for duty with marijuana
in his system, as confirmed by urinalysis
testing.
Upon the whole record and all the evidence, after hearing,
the Board finds that the parties herein are carrier and
employee within the meaning of the Railway Labor Act, as
amended, and this Board is duly constituted by agreement
under Public Law 89-456 and has jurisdiction of the parties
and subject matter.
AWARD: Claim disposed of as follows:
Irrespective of the parties' respective positions regarding
drug testing, the Company had ample cause to take the action
it chose and was equally justified in the assessment of dis
cipline, particularly in light of the evidence introduced at
the hearing. However, while this Board clearly recognizes
the need to eradicate drug use in the work place, we must
also look to those, who by their prior record are deemed to
be good employees and warrant a chance to help themselves to
be substance free and again prove to be a reliable employee.
Accordingly, in light of his 10 years of service with a clear
record', ,-claimant shall be returned to service without pay and
all time held out to apply as suspension. In addition, he
must pass the Company's return to duty physical which will
include a drug screen test.
r
F. Domza s , Carrier Member Je Dodd, Organization Member
I ued this /'day of
~~a4.·L
987.
C. A. Peacock , Neutral Member