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                CASE N0. 75

                vs


                                        i

      AWARD N0. 75 i CONSOLIDATED RAIL CORPORATION i i

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                                DOCKET NO.: CR-4220D


                                CLAIMANT: S. GRAY


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

          1. The dismissal of Mr. S. Gray for alleged '. failure to comply with the Conrail Drug Testing Policy as you were instructed in the letter dated May 25, 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-4220D).


          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, unimpaired, his record shall be cleared of the charges leveled against him and he shall be paid for all wage loss suffered."

                                            '-!t0 15- 15-


                                            CASE N0. 75


                                            AWARD NO. 75


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.

                                    _o

F . J~ OMZALSK-ii-~3 JE ODD
 Car i r Memb Or ization Member

                    THOMAS J. DILAURO Neutral Member


                    JUN. 1 1993