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 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
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 AWARD NO. 107
 vs ; CASE NO. 107
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 CONSOLIDATED RAIL CORPORATION
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                                CLAIMANT: J. J. SMITH


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

          1. The dismissal of Mr. J. J. Smith for alleged '... failure to comply with the Conrail Drug Testing Policy in that on May 8, 1990, you provided a urine specimen (sic) that testified positive for a prohibited drug and you failed to follow instructions to complete the requirements stated in the letter sent to you from T. Nowosiwsky, M. D., dated May 16, 1990' was without just and sufficient cause, arbitrary, capricious, on the basis of unproven charges and in violation of the Agreement (System Docket MW-1413).


          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."

                                            c4 ro t5 - l o?

                                            ATIARD NO. 10 7 CASE N0. 107


AWARD
      The Claim is denied in its entirety.


F. J. OMZALSKI- JED
 Car: r Member Org l

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THOMAS J. DiLAURO NEUTRAL MEMBER

 AUG. 1 1993

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