PUBLIC LAW BOARD NO. 4615

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BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES I

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CASE NO. 55

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CONSOLIDATED RAIL CORPORATION I

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DOCKET NO.: CR-3737D

CLAIMANT: D. G. PACKE

Statement of Claim: "Claim of the System Committee of the
Brotherhood that:

1. The dismissal of Mr. D. G. Packe for alleged '... failure to comply with the Conrail Drug Testing Policy as you were instructed in letter dated April 9, 1987, and subsequent letter dated April 30, 1987, from Medical Director G. R. Gebus, M.D., in that you failed to refrain from the use of prohibited drugs as evidenced by the urine sample you provided on March 24, 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-3737 D).

2. As a consequence of the violation referred to in Part 1 above, the Claimant shall be reinstated with seniority and all other rights unimpaired, including overtime and benefits, 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. 55

AWARD N0.55

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. OMZALSI ~_~ JED ODD
Ca ·er Memb r Or ization Member

THOMAS J. I3iLAURO Neutral Member

APR. 1 1993