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 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES t
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 CASE NO. 93
 vs t
 t AWARD NO. 93
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 CONSOLIDATED RAIL CORPORATION
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STATEMENT OF CLAIM: "Claim of the System Committee of the
 Brotherhood that:

      1. The dismissal of Mr. J.-R. Kraus for alleged '

        failure to comply with the Conrail Drug Testing

        Policy as you were instructed in letter dated

        March 31, 1988, and subsequent letter dated April

        19, 1989, from Medical Director T. Nowosiwski (sic),

        M. D., in that you failed to refrain from the use of

        prohibited drugs as evidenced by the urine sample

        provided on March 9, 1989, 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-398D).


      2. The investigation held on April 27, 1989 was not

        held within the time limits as required under Rule

        27(d).


    3. As a consequence of the violations referred to in

        Parts 1 and 2 above, the Claimant shall be rein

        stated with seniority and all other rights unim

        paired 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."

                                            ~lol~ q3

                                            CASE NO. 93


                                            AWARD NO. 93


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..

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DOMZAL 7-/~-t3 JE DODD
 Ca 'er Me a anization Member

                      THOMAS J. D LAURO Neutral Member


                      JUL 1 1993


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