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

      1. The dismissal of Mr. J. H. Taylor for alleged '...

      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."

                                            t-1 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