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 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES









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                              DOCKET NO.: CR-3968D


                                CLAIMANT: G. YINGST


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

      1. The dismissal of Mr. G. E. Yingst for alleged '...

      failure to comply with the Conrail Drug Testing

      Policy as you were instructed in letter dated

      July 27, 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 31, 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-3968 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."

. L-P b 15 - lo~-
                                            CASE NO. 62


                                · AWARD N0. 62


AWARD
      The Claim is denied in its entirety.


. J.OMZALS J DODD
 Car · r Memb anization Member

                    THOMAS J. DiLAURO

                    Neutral Member


                      MAY 1 I933