PUBLIC LAW BOARD N0. 4615
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BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
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AWARD NO. 111
vs i CASE NO. 111
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CONSOLIDATED RAIL CORPORATION
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DOCKET NO.: NM-2610-D
CLAIMANT: D. 0. WILKERSON
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
1. The dismissal of Mr. D. 0. Wilkerson for alleged
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failure to comply with the Conrail Medical Policy as
you were instructed in letter of November 26, 1991
from Medical Director 0. Hawryluk, M. D., in that you
did not fulfill the conditions set therein.' was without just and sufficient cause, arbitrary, capricious,
on the basis of unproven charges and in violation of
the Agreement (System Docket MW-2610).
2. The investigation held on July 20, 1992 was not held
within the time limits as required under Rule 27(d).
3. 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."
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+(ots - M
AWARD NO. 111
CASE NO. 111
AWARD
The Claim is denied in its entirety.
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F. J: DOM LSK 8- 3 JD DD '
Ca rer Membe Or a ization Member
THOMAS J. DiLAURO
Neutral Member
AUG. 1 1993