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SA1305-101-97
- Wayne County
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| Issue: | Grievant, a 28-year employee with no record of previous discipline, was terminated for testing positive for cocaine and marijuana during random drug testing. |
| Result: | The
Union argued that the grievant should not have been part of the random pool
in that the grievant was working on a temporary assignment as a foreman
and as such, was not working in the "safety-sensitive" assignment.
The employer placed employees in the random drug testing pool on the basis
of their permanent classification. The arbitrator concluded as follows: "One question before the Arbitrator, therefore, is whether the federal legislation requiring random drug testing was intended to apply to this grievant. The Arbitrator notes that throughout the Employer's Mandatory Drug and Alcohol Testing document, the employer refers to employees who 'perform a safety-sensitive permanent classification.' This suggests that the Employer itself views the function of these employees as a more meaningful category than their permanent classification. The Arbitrator must agree. The purpose of the Federal Act is served when employees who perform safety-sensitive functions are subjected to random testing. It is not served when the employees subject to random testing are chosen on the basis of criteria not directly related to their actual function." The union argued that a positive test for cocaine does not require termination and that consideration should be given to the 28 years seniority of the grievant. The arbitrator ruled that the grievance was sustained. Grievant was reinstated, but without back pay. |
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