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                                            CASE NO. 82

                vs i


      AWARD NO. 82 i CONSOLIDATED RAIL CORPORATION i i


                                DOCKET NO.: MW-33


                                CLAIMANT: D. SMITH


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

        1. The dismissal of Mr. D. M. Smith for alleged ' .. 1. Insubordination in connection with your alleged refusal to participate in Conrail's Drug Testing Program, as outlined in a letter to you on April 29, 1987, from Dr. P. Maranzini, Regional Medical Director, advising that you were subject to a three (3) year period of without prior notice testing, when you declined to submit a second urine specimen for testing at Fairless Hills Medical Center on September 15, 1988. 2. Attempting to provide a false urine specimen for drug testing, when you were required to submit to a medical exam, at Fairless Hills Medical Center, Fairless Hills, PA, on September 15, 1988.' was without just and sufficient cause, arbitrary, capricious, on the basis of unproven charges and in violation of the Agreement (System Docket MW-33).


        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."

                                            CASE NO. 82 -


                                            AWARD NO. 82


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.

 F. J,' MZA SK ' G-/1-93 JED DD
 Carrembe Or a ization Member

                      TJH J. DiLAURO

                      Neutral Member


                      JUN. 1 1993


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