PUBLIC LAW BOARD NO. 4615
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BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
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CASE NO. 95
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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
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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
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Carr~r Me er
THOMAS J.'DiLAURO
Neutral Member
JUL 1 1993
iization Member