PUBLIC LAW BOARD NO. 4615

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. D. Burris for alleged '... failure to comply with Conrail Drug Testing Policy as you were instructed in letter dated November 11, 1987 from medical Director G. R. Gebus, in that you did not within 45 days of that letter either provide a negative drug screen or enter Conrail's Employee Assistance Program.' was without just and sufficient cause, arbitrary, capricious, on the basis of unproven charges and in violation of the Agreement (System Docket CR-3699D).


          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 -

                                            5[- LI(ors


                                          Case No. 51


                                          Award No. 51


AWARD

    The Claim is denied in its entirety.


F. ~. DOM ALS d-93 JE
Car Ver Memb Vnization Member

                THOS DILA RO

                Neutral Member


                APR, 1 1993