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BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                                            CASE NO. 81

                  Vs i


                                        1

      AWARD N0.81

      I

      CONSOLIDATED RAIL CORPORATION


                                        i

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                                DOCKET NO.: MW-28


                                CLAIMANT: 0. BLACKSTON


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

          1. The dismissal of Mr. 0. E. Blackston, for alleged '... failure to comply with the Conrail Drug Testing Policy as you were instructed in letter dated June 2, 1987, and subsequent letter dated June 24, 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 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-28).


          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."

                                            L4lP(6-- G(


                                            CASE NO. 81


                                            AWARD N0. 81


AWARD

      The Claim is denied in its entirety.


F. J: OMZALSKL' 6-1i-y3 JE ODD
Car~yr Member Or ization Member
                                  -


                      THOMAS J.-DILAURO Neutral Member


                      JUN. 1 1993