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                                            CASE NO. 77


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                                            AWARD N0. 77

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      CONSOLIDATED RAIL CORPORATION


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                                DOCKET NO.: MW-24


                                CLAIMANT: W. GARRARD


STATEAENT OF CLAIM: "'Claim of the System Committee of the
 Brotherhood that:

          1. The dismissal of Mr. W. L. Garrard for alleged '... failure to comply with the Conrail Drug Testing Policy as you were instructed in letter dated April 9, 1987, and subsequent letter dated April 28, 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 August 1, 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 MW-24).


          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. 77


                                            AWARD NO. TT


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.

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FJ 0OMALSKI f6-W-P3 J DODD
 Car9.~r Membee r anization Member

                      THO S J. iLAURO

                      Neutral Member


                      JUN. 1 1993