PUBLIC LAW BOARD NO. 4615
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BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
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CASE NO. 81
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AWARD N0.81
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CONSOLIDATED RAIL CORPORATION
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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
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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
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THOMAS J.-DILAURO
Neutral Member
JUN. 1 1993