PUBLIC LAW BOARD NO. 4615

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES





CONSOLIDATED RAIL CORPORATION

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

      1. The dismissal of Mr. W. Jones for alleged '

      failure to comply with the Conrail Drug Testing

      Policy as you were instructed in letter dated

      April 20, 1987 and subsequent letter dated May 18,

      1987 from Medical Director Dr. Bishop, in that you

      failed to refrain from the use of prohibited drugs

      as evidenced by the urine sample provided on

      June 14, 1988 testing positive.' was without just

      and sufficient cause, arbitrary, capricious, on the

      basis of unproven charges and in violation of the

      Agreement (System Docket CR- 3924-D)


        2. As a consequence of the violations referred to in Part 1 above, the Claimant shall be reinstated with seniority and all other rights including overtime and benefits unimpaired, his record shall be cleared of the charges leveled against him and he shall be paid for all wage loss suffered."


- 1 -
Case No. 109

Award No. 109

AWARD

The Claim is denied in its entirety.

.Zjal~, -

F. DOMZ-ALS K 3- 93
Ca r' r Membe

THOMAS J. DILAURO
Neutral Member

MAR. 1 1 1993

DODD
anization Member