PUBLIC LAW BOARD NO. 4615



BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES I
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 _ i CASE NO. 58
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 I AWARD NO. 58
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 CONSOLIDATED RAIL CORPORATION I

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                                DOCKET NO.: CR-3925D


                                CLAIMANT: J. KEELER


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

          1. The dismissal of Mr. J. A. Keeler for alleged '... failure to comply with the Conrail Drug Testing Policy as you were instructed in letter dated May 15, 1987, and subsequent letter dated June 15, 1987, from Medical Director, Dr. Bishop, in that

        you failed to refrain from the use of prohibited =

        drugs as evidenced by the urine sample provided on

        July 5, 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-3925 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 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."

                                            tilPl~'`~8


                                            CASE NO. 58


                                            AWARD NO. 58


AWARD
      The Claim is denied in its entirety.


OM SKI g-p3 JE DODD .Ca r r Member O g ization member

                THOMAS J. DiLAURO

                Neutral Member


                APR. 1 1283


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