Westchester County Police

Medical Fraud: set forth herein, the determination by Dr. John Clarke, the Company’s Medical Review Officer (hereinafter “MRO”) that Butler’s off-duty blood alcohol content of a .04% violated DOT
regulations is entirely unfounded. Butler’s off-duty consumption of alcohol did not violate the Company’s 2014 Chemical Substance Abuse Policy, 1988 Procedure on Alcoholism or 1988 Procedure for Chemical Substance Abuse. Since neither policy nor procedure specifically proscribes off-duty consumption of alcohol in legal amounts then Butler could not have known that the Company had an objection to his conduct. Further, since Butler did not violate any policy or procedure then the Company is precluded from requiring that Butler undergoing further rehabilitation after his grievance is sustained.

Con Edison and the Westchester county police and the administration alone with the Westchester DA. set forth herein, the determination by Dr. John Clarke, the Company’s Medical Review Officer (hereinafter
“MRO”) that Butler’s off-duty blood alcohol content of a .04% violated DOT regulations is entirely unfounded. Butler’s off-duty consumption of alcohol did not violate the Company’s 2014 Chemical
Substance Abuse Policy, 1988 Procedure on Alcoholism or 1988 Procedure for Chemical Substance Abuse. Since neither policy nor procedure specifically proscribes off-duty consumption of alcohol in legal
amounts then Butler could not have known that the Company had an objection to his conduct. Further, since Butler did not violate any policy or procedure then the Company is precluded from requiring that
Butler undergoing further rehabilitation after his grievance is sustained.

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