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7077-2724-02 - Marquette County Road Commission
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| Issue: | Discharge - Drug and Alcohol |
| Result: | The
grievant, a 14 year employee with a clean disciplinary record was discharged
for reporting for work with an alcohol level of 0.111, which was three times
greater than that which is permitted under policy to avoid termination. The Union argued that the grievant was a long term employee with a clean record. The Union further argued that the grievant had engaged in an EAP program following his discharge. The arbitrator, in making his determination, reviewed the past record argument. "A clear disciplinary record is considered a mitigating factor. Elkouri and Elkouri in How Arbitration Works (BNA 5th ed., p. 925) state: 'Some consideration generally is given to the past record of any disciplined or discharged employee. An offense may be mitigated because of a good past record and it may be aggravated by a poor one. Indeed, the employee's past record often is a major factor in the determination of the proper penalty for the offense. p. 929. 'Long service with the company, particularly if unblemished, is a definite factor in favor of the employee whose discharge is reviewed through arbitration.'" The arbitrator concluded that the grievant's 14 years of employment constitutes long service and is a mitigating factor under the terms of the contract. The grievant was reinstated without back pay and benefits. |
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