PUBLIC LAW BOARD N0. 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. M. Figueroa for alleged '...

    failure=to comply with the Conrail Drug Testing

    Policy as you were instructed in letter dated

    March 16, 1988, and subsequent letter dated March 22,

    1988 from Medical Director P. F. Maranzini, in that

    you failed to refrain from the use of prohibited

    drugs as evidenced by the urine sample provided on

    May 11, 1988, 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 3717D).


        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."

                                          Case No. 53


                                          Award No. 53


AWARD
      The Claim is denied in its entirety.


F. OMZALS 3-36-f3 J DODD
 C r' r Memb r aniaation Member

                TH~U~1A J. DiLAURO

                Neutral Member


                MARL 1 1 1993