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 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. V. V. Miller for alleged '... failure to comply with the Conrail Drug Testing Policy as you were instructed in letter dated April 10, 1987, and subsequent letter dated May 26, 1987 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 November 4, 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-3616D).


          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."


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                                          Case No. 49

                                          Award No. 49


AWARD
      The Claim is denied in its entirety.


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 F. T-./DOMZALS 3 ---A6-3;3 J DODD
 Ca r' r Me r O anization Member

                41

                THOMAS DiLIAURO

                Neutral Member


                MAR. i 1 1993