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                  CASE NO. 95

                  vs

                  AWARD NO. 95

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      CONSOLIDATED RAIL CORPORATION


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                                DOCKET NO.: MW-475


                                CLAIMANT: V. FRENCH


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

      1. The dismissal of Mr. V. P. French for alleged '...

      failure to comply with Conrail Drug Testing Policy

      as you were instructed in letter dated April 2,

      1987, and subsequent letter dated April 27, 1987,

      from Medical Director Paul Marazini (sic) in that

      you failed to refrain from the use of prohibited

      drugs as evidenced by the urine sample provided

      by you on March 17, 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-475).


          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."

q to 15 - q5
CASE NO. 95

AWARD N0.95

AWARD

The Claim is denied in its entirety.

F. ~J:OMZALS
      i

Carr~r Me er

THOMAS J.'DiLAURO
Neutral Member

JUL 1 1993

iization Member