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    Arbitration Award Summaries

    Brief overviews of arbitration awards submitted to the Bureau.
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    BMS Case No. 22PA2451
    Met Council & ATU Local 1005    
     
    Arbitrator James Abelson            
     
    Issue: Termination          
     
    EE in safety sensitive position terminated for failing required random drug test because unable to produce a sample due to shy bladder. Was not made aware of shy bladder exam set up by ER, so did not attend appointment in alloted time and thus considered a refusal. Clerical error (name spelled wrong) made it impossible to find records in system. Union argued due process violations because not made aware of concerns or given opportunity to explain, present medical evidence, or share his side of story.    
     
    Grievance Sustained      Investigation flawed and unfair. Grievant returned to former position with full backpay, minus any earnings during the period of termination.
     Last Modified: 10/9/2024 Size: 0 Author: Categories: Tags:
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