PUBLIC LAW BOARD N0. 4615
BROTHERHOOD OF MAINTENANCE OF
WAY EMPLOYES
Case No. 34
VS.
Award No.34
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
1. The dismissal of Mr. D. W. Ash for alleged '
failure to comply with the Conrail Drug Testing
Policy as you were instructed in letter dated
April 2, 1987, and subsequent letter dated April 29,
19S7 from Medical Director G. R. Gebus, in that you
failed to refrain from-the use of prohibited drugs
as evidenced by the urine sample provided on
September 25, 1987, 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-3387D).
2. As a consequence of the violation 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. 34
Award No.
34
AWARD
The Claim is sustained in part and denied in part. The
Claimant is to be reinstated immediately without back pay or
benefits but with seniority unimpaired.
c
_ fY
F. . DOM S
Ca r~er Memb r
- 0~
W
JE DODD
0 anization Member
THOMAS J. DiLAURO
Neutral Member
MAR. 1 1 1993