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 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
                                            CASE NO. 57

            - vs i


                                        i

                                            AWARD N0.57


                                        CONSOLIDATED RAIL CORPORATION i


                                DOCKET NO.: CR-3834D


                                CLAIMANT: B. B. CUTLER


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

          1. The dismissal of Mr. B. B. Cutler for alleged '... failure to comply with the Conrail Drug Testing Policy as instructed in letter dated April 14, 1987, and subsequent letter dated May 29, 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 provided on February 10, 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-3834 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."

                                            57 - q&(5

                                            CASE NO. 57


                                            AWARD NO. 57


AWARD
      The Claim is denied in its entirety.


/ r

 F. J D MZAL I y~y-yj JE DODD
 Carr a Member 0 g nization Member

                    THOMAS J. lYiLAURO Neutral Member


                      APR. 1 1£ 2'..