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                  CASE NO. 94

                  vs

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      AWARD NO. 94 i CONSOLIDATED RAIL CORPORATION i i


                                DOCKET NO.: MW-468


                                CLAIMANT: M. RINEER


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

          1. The dismissal of Mr. M. D. Rineer, for alleged '... failure to comply with Conrail drug testing policy as you were instructed in a letter from Medical Director P. R. Hanson, M. D., dated April 10, 1987, and reinforced in his letter of May 14, 1987, in that you failed to refrain from the use of prohibited drugs as evidenced by the urine sample provided on May 11, 1989.' was without just and sufficient cause, arbitrary, capricious, on the basis of unproven charges and in violation of the Agreement (System Docket MW-468).


          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 cleared of the charges leveled against him and he shall be paid for all wage loss suffered."

                                            L+c01s - I~Y

                                            CASE NO. 94


                                            AWARD NO. 94


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.

 -7Z ~jz
 F. J DOMIZ=I ' i~ 93 J DODD
 Ca er Mete r anization Member

                      THOMA J. DILAURO

                      Neutral Member


                      JUL 1 1993