PUBLIC LAW BOARD NO. 4615

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                  AWARD NO. 104

                  vs CASE NO. 104


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      CONSOLIDATED RAIL CORPORATION


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                                DOCKET NO.: MW-1224-D


                                CLAIMANT: J. PENNINGTON


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

      1. The dismissal of Mr. J. A. Pennington, for alleged

      '. . failure to comply with the Conrail Drug Testing

      Policy as you were instructed in letter dated

      April 7, 1987 and subsequent letter dated July 13,

      1987 from Medical Director G. R. Gebus, M. D., in that

      you failed to refrain from the use of prohibited drugs

      as evidenced by the urine sample you provided on

      September 22, 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-1224).


        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."

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AWARD N0. 104

CASE NO. 104


AWARD
      The Claim is denied in its entirety.


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 F. ,, . OMZALS I g ~_~3 JED D D
 Ca er Me Org zation Member

                    TAOMA J. Di AU~RO

                    Neutral Member


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