Case: Labor Arbitration/Drug and Alcohol Testing (Arb.)

Arbitrator David E. Wilson found that Louisville Water Company had just cause to discharge the grievant for violating its drug and alcohol policy and testing procedures, when his urine specimen for a post-accident drug test was unacceptable, he left the testing facility rather than stay and produce an observed specimen as directed, and he refused to return to the facility the next day contravening the Louisville Employee Code of Conduct. Arbitrator Wilson concluded that the grievant knowingly left the testing facility without providing a valid specimen, and found based on testimony and evidence that the grievant was trying to “game” ...