PUBLIC LAW BOARD N0. 4615
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BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
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AWARD NO. 105
vs i CASE NO. 105
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CONSOLIDATED RAIL CORPORATION
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DOCKET NO.: MW-1264-D
CLAIMANT: J. H. TAYLOR
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
1. The dismissal of Mr. J. H. Taylor for alleged
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failure to comply with the Conrail Drug Testing
Policy as you were instructed in letter dated
May 24, 1988, and subsequent letter dated June 23,
1988, from Medical Director 0. Hawryluk, M.D., in
that you failed to refrain from the use of prohib
ited drugs as evidenced by the urine sample provid
ed on April 16, 1990, 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-1264).
2. As a consequence of the violation referred to in
Part 1 above, the Claimant shall be reinstated with
seniority and allother 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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to I 5 - 1 C~5
AWARD N0. 105
CASE NO. 105
AWARD
The Claim is denied in its entirety.
F. J.,' MZA SKI $=`-93 JED ODD
Carr Member 0 lization member
O S J. iLAURO
Neutral Member
AUG. 1 1993