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                CASE NO. 83

                vs


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                                            AWARD N0.83

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      CONSOLIDATED RAIL CORPORATION

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                  DOCKET NO.: MW-35


                  CLAIMANT: D. DiFIORE


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

      1. The dismissal of Mr. D. V. DiFiore for alleged '...

      failure to comply with the Conrail Drug Testing

      Policy as you were instructed in letter dated

      April 24, 1987, and subsequent letter dated may 26,

      1987, from Medical Director, Dr. G. R. Gebus, in

      that you failed to refrain from the use of prohibited

      drugs as evidenced by the urine sample provided on

      July 19, 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-35).


          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."

                                            d.4 (o (S - i3 3

                                            CASE NO. 83


                                            AWARD NO. 83


AWARD
      The Claim is denied in its entirety.


F. /I 14/l/I& b6av
    .. DOMZALS f-//-F3 JED DD

Carer Memb r Org n zation Member

                      THOMAS J. DILAURO

                      Neutral Member


                      JUN. 1 1993


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