------------------------------------------------
                  i

                  CASE NO. 89

                  vs


      AWARD N0.89 i CONSOLIDATED RAIL CORPORATION


                                        i i

------------------------------------------------

                                DOCKET NO.: MW-272


                                CLAIMANT: A. STELLAVATO


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

      1. The dismissal of Mr. A. D. Stellavato for alleged

        ·... failure to comply with the Conrail Drug Testing Policy as you were instructed in letter dated April 10, 1987 and reinforced in a letter dated April 30, 1987 from medical Director G. R. Gebus in that you failed to refrain from the use of prohibited drugs as evidenced by the urine sample you provided on November 17, 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-272).


        2. As a consequence of the violations 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."

                                            Lf to i 5-

                                            CASE NO. 89


                                            AWARD N0. 89


AWARD
      The Claim is denied in its entirety.


I ~- im

F. J,OMZALS 7-/1-P3 JED ODD
 Car . r Memb r Or a i2ation Member

                      THOMAS JyDiLAURO -

                      Neutral Member


                    JUL 1 1993