PUBLIC LAW BOARD NO. 4615
BROTHERHOOD OF MAINTENANCE OF
WAY EMPLOYES
Case No. 109
VS.
Award No.
109
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