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. W. H. Avery for alleged '... failure to comply with the Conrail Drug Testing Policy as you were instructed in the letter dated March 11, 1988, from the Regional Medical Director P. F. Maranzini, D. O., in that you did not, within 45 days of the letter provide a negative drug screen.' was without just and sufficient cause, arbitrary, capricious, on the basis of unproven charges and in violation of the Agreement (System Docket CR-3716D).


          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."


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                                          Case No. 52


                                          Award No. 52


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.

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F. OMZA I 3-.~-91 JE DODD
 Car · r Me e. 0 anization member

                THOMAS ~f. DiLAURO Neutral Member


                MR. t 1 ,453


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