PUBLIC LAW BOARD N0. 4615
BROTHERHOOD OF MAINTENANCE OF
WAY EMPLOYES
CONSOLIDATED RAIL CORPORATION
Case No. 48
Award No. 48
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood,that:
The dismissal of Mr. L. Carper for alleged '
failure to comply with the Conrail Drug Testing
Policy as you were instructed in letter dated
August 12, 1987, and letter dated September 23,
1987 from Medical Director G. R. Gebus, in that
you did not within the specified time, provide a
negative drug screening.' was without just and
sufficient cause, arbitrary, capricious, on the
basis of unproven charges and in violation of the
Agreement (System Docket CR-3609D).
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."
LIS
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Case No. 48
Award No. 48
AWARD
The Claim is denied in its entirety.
r
FJ OMZALSK ' ·f``~'p3 J DODD
Carr r Membe ganization Member
THOMA
N
J. DiLAURO
Neutral Member
APR. 1 1993