PUBLIC LAW BOARD NO. 4615
BROTHERHOOD OF MAINTENANCE OF
WAY EMPLOYES
Case No. 51
VS.
Award No. 51
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