PUBLIC LAW BOARD NO. 4615

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BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
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AWARD NO. 101
vs i CASE NO. 101
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CONSOLIDATED RAIL CORPORATION
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DOCKET NO.: MW-937-D

CLAIMANT: J. E. REDD

STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:

1. The dismissal of Mr. J. E. Redd for alleged '

failure to comply with the Conrail Drug Testing

Policy as you were instructed in letter dated

April 23, 1987, and subsequent letter dated May 29,

1987, from Medical Director, 0. Hawryluk in that

you failed to refrain from the use of prohibited

drugs as evidenced by the urine sample you provided

on June 21, 1989, testing positive.' was without

just and sufficient cause, arbitrary, capricious, on

the basis of unproven charges and in violation of the

Agreement (System Docket MW-937).

2. As a consequence of the violation referred to in

Part 1 above, the Claimant shall be reinstated with

seniority and all other rights unimpaired, including

overtime and benefits, his record shall be cleared of

the charges leveled against him and he shall be paid

for all wage loss suffered."

q(015- lol

AWARD N0. 101 CASE NO. 101

AWARD

The Claim is denied in its entirety.

'J DO ALS

b'r-L-93 JED ODD
Carrier Me a Org ization Member

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THOMAS J .-u-y~' D1 LAURO

Neutral Member

AUG. 1 1993