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LOG
# Local 120 East Detroit Schools
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| Issue: | Termination - failure of drug test. |
| Result: | The
greivant, a bus driver, was terminated for a positive marijuana test. The grievant denied having used marijuana. The grievant refused testing of the split sampling claiming that the testing procedure was flawed. The arbitrator concluded that "The employer has a right and obligation to police the details of the random drug test, if challenged. To apply a zero-tolerance discipline to a program requires the program to be equally letter perfect. In this instance, the proof of the perfection called for to refute the Union challenge did not come forth. Just cause has not come forth to justify discharge at this time." Grievant was ordered re-tested. "If the grievant is tested negative, she shall be reinstated with back pay to the day she was suspended. |
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