PUBLIC LAW BOARD NO. 4615
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BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
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CASE N0. 84
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AWARD NO. $14
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CONSOLIDATED RAIL CORPORATION
DOCKET NO.: MW-36
CLAIMANT: J. HODGE
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
1. The dismissal of Mr. J. C. Hodge for alleged
'...
failure to comply with the Conrail Drug Testing
Policy as you were instructed in letter dated
April 4, 1988, and subsequent letter dated April 13,
1988, 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 July 15, 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-36).
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,"
La(Di5--
aLA
CASE NO. 84
AWARD NO.
84
AWARD
The Claim is denied in its entirety.
sY
F. 3. / ·OMZALS ' ` /~-~3 JED DD
Car,E~r Memb Or n'zation Member
~NTHO S-J. DiLAURO
Neutral Member
JUN. t 1993
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