PUBLIC LAW BOARD NO. 4615



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                CASE NO. 59

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                AWARD NO. 59

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                                      CONSOLIDATED RAIL CORPORATION i


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                                DOCKET NO.: CR-3926D


                                CLAIMANT: A. MOROCK


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

          1. The dismissal of Mr. A. P. Morock for alleged '... failure to comply with the Conrail Drug Testing Policy as you were instructed in letter dated April-3, 1987, and subsequent letter dated April 8, 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 6, 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-3926 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. 59


                                ' AWARD N0. 59


AWARD
      The Claim is denied in its entirety.


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                                or nization Member

F. J. JED ODD
 41'
 5 OMz S
 Car ' r Member

                    THOMAS J. DiLAURO Neutral Member


                    MX'r 1 1993