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i BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES i



                  vs


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      AWARD NO. $14 i 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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