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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. K. T. Johnson for alleged '...

      failure to comply with the Conrail Drug Testing

      Policy as you were instructed in letter dated

      June 8, 1987, and subsequent letter dated June 22,

      1987 from Medical Department G. R. Gebus, M. D., in

      that you failed to refrain from the use of prohibited

      drugs as evidenced by the urine sample provided on

      February 23, 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-3736 D).


        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 -

                                          s~ slGi.~


                                          Case No. 54


                                          Award No. 54


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.

 F. . D ALS 36-93 J DODD
 Ca~r'er Memb r anization Member

                y

                Thomas J.· Di' auro

                Neutral Member


                MAR. 1 1 1993