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                                        i

                                        CASE NO. 78


                  vs - i

      AWARD N0.78 i CONSOLIDATED RAIL CORPORATION i i

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                                DOCKET NO.: MW-25


                                CLAIMANT: L. JONES


STATEMENT OF CLAIM: "Claim of the System Committee of the
 Brotherhood that:

          1. The dismissal of Mr. L. D. Jones for alleged'... failure to comply with the Conrail Drug Testing Policy as you were instructed in letter dated August 5, 1987, and subsequent letter dated September 18, 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 July 21, 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-25).


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

                                            L4 (ots-'7 8


                                            CASE NO. 78


                                            AWARD NO. 78


AWARD
      The Claim is denied in its entirety.


F. J. OMZALS r G-1i-93 JE ODD
 Car fier Memb r~ 0 g nization Member

                      THOMAS J. DiLAURO

                      Neutral Member


                      JUN. 1 1993