Arbitration Award Summaries

    Brief overviews of arbitration awards submitted to the Bureau.
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    BMS Case No. 24PA0932
    Metro Transit & ATU Local 1005 
     
    Arbitrator Robert Altman            
     
    Issue: Suspension/ Termination and Arbitrability
     
    Mechanic suspended and later terminated for series of random drug test failures (inability to produce sample, then subsequent failure for illegal substance). Grievance filed citing medical conditions that could have led to shy bladder and independent hair follicle test absent for drugs. ER challenged arbitrability based on timelines in the grievance process.        
     
    Arbitrable but Grievance Denied.   ER had just cause to terminate under strict interpretation and application of the random drug test policies in place, medical providers did not concur that any underlying medical issues or prescriptions would have impacted ability to produce sample. Hair follicle test not a recognized part of DOT drug testing protocols. Lack of interest or effort on part of ER to raise question of arbitrability prior to the hearing was noted by the arbitrator.
     Last Modified: 12/5/2024 Size: 0 Author: Categories: Tags:
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