Arbitration

Disciplinary Actions

A 406-3437-98 - Mass Transportation Authority
Issue:	Grievant was discharged for testing positive for marijuana.
Result:	The Grievant argued he felt the test was influenced by excessive exposure to second-hand smoke. The Union argued severity of the penalty and sought to have the discharge reduced to a 30-Day suspension citing a past practice in prior positive drug tests. The employer stated that effective in 1997, the employer had placed the parties on notice of a "zero tolerance" policy toward drugs and alcohol and has discharged all employees for a positive test since that time. The arbitrator concluded based upon the employee's good work record and the fact that he had entered a program for rehabilitative counseling, damnation was too severe for a first offense. The grievance was granted and the termination reduced to a 30-Day Suspension.