PUBLIC LAW BOARD NO. 4615
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BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
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CASE NO. 79
vs
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AWARD N0.
79
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CONSOLIDATED RAIL CORPORATION
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DOCKET NO.: MW-26
CLAIMANT: L. WHITTAKER
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
1. The dismissal of Mr. L. Whittaker, for alleged
'...
failure to comply with the Conrail Drug Testing
Policy as you were instructed in letter dated
June 29, 1987, and subsequent letter dated July 22,
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 May 27, 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-26).
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."
L4 (p IT - -),9
CASE NO. 79
AWARD N0.
79
AWARD
The Claim is denied in its entirety.
.y
F. J OMZALSK
6s~i-y3
JE DODD
Cariiigr Membe O g nization Member
THOMAS J.
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