PUBLIC LAW BOARD NO. 4615
-----------------------------------------BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
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CASE NO. 61
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AWARD N0. 61
CONSOLIDATED RAIL CORPORATION
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DOCKET NO.: CR-3967D
CLAIMANT: L. MORAN
Statement of Claim: "Claim of the System Committee
of
the
Brotherhood that.:
1. The dismissal of Mr. L. Moran for alleged
'...
failure to comply with the Conrail Drug Testing
Policy as you were instructed in the letter dated
April 15, 1988, from Medical Director G. R. Gebus,
M.D., in that you did not within 45 days of that
letter, either provide a negative drug screen or
enter-Conrail's Employee Assistance Program.' was
. without just and sufficient cause, arbitrary,
capricious, on the basis of unproven charges and
in violation of the Agreement
(System
Docket
CR-3967D).
2. As aconsequence of the violLtion 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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(o 15- - Cp
CASE NO. 61
AWARD NO. 61
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. . DOMZAL s-~ S-3 JED
Car er Mem Org~
THOMAS J. DiLAURO
Neutral Member
MAY 11293