BEFORE SPECIAL WARD OF ADJUSTMENT NO. 986
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
NATIONAL RAILROAD PASSENGER CORPORATION
(AMTRAK) - NORTHEAST CORRIDOR
Case No. 205
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
1. The dismissal of Trackman S. Graham for alleged violation
of Amtrak's Standard of Excellence on July 22, 1998 was
without just and sufficient cause and in violation of the
Agreement (System File NEC-BMWE-SD-3882D).
2. Claimant Graham shall have her record cleared of the charge
leveled against her and she shall be reinstated to service with
seniority and all other rights unimpaired and she shall be
compensated for all wage loss suffered.
FINDINGS:
On October 29, 1998, a hearing was held after the Claimant had tested positive for
marijuana during a return-to-work physical examination which was part of a condition for
reinstatement after she had been found guilty of dishonesty. The Claimant was found
guilty of testing positive for marijuana metabolites and, consequently, dismissed from the
Carrier's service.
The Organization took exception to the discipline and filed the instant claim on
behalf of the Claimant. The Organization contended that the Claimant's due process
rights were violated when the Carrier postponed the hearing for an unreasonable amount
of time. The Organization also contends that the Claimant should have been offered an
w
opportunity to enter a drug treatment program.
The parties being unable to resolve the issue at hand, this matter now comes before
this Board.
This Board has reviewed the procedural arguments raised by the Organization, and
we find them to be without merit.
With respect to the substantive issue, this Board has reviewed the evidence and
testimony in this case, and we find that there is sufficient evidence in the record to
support the finding that when the Claimant returned to work, she failed a back-to-work
drug screen test. The Claimant was returning on a conditional reinstatement as a result of
an agreement between the parties relating to a previous dismissal. The Claimant showed
up for the physical with marijuana metabolites in her system. That is clearly in violation
of the rules.
Once this Board has determined that there is sufficient evidence in the record to
support the guilty finding, we next turn our attention to the type of discidline imposed.
This Board will not set aside a Carrier's imposition of discipline unless we find its action
to have been unreasonable, arbitrary, or capricious.
Given the seriousness of this wrongdoing and the fact that the Claimant was on
notice that she had to pass a physical examination which included a drug test before she
could return to work, this Board cannot find that the Carrier acted unreasonably,
arbitrarily, or capriciously when it terminated her employment. Therefore, the claim will
2
98(o- a05-
be denied.
AWARD:
The claim is denied. ( PETER . MEY RS
Neutra em r
7zzyy~!~-
-
CARRIER MEMBER
DATED:
ORO~NIZATION MEMBER
DATED: a-1
68