Case: Labor Arbitration/Drug Testing (Arb.)

Peoples Natural Gas had just cause to discharge an employee who worked in a safety sensitive position and tested positive for oxycodone for the third time, since the CBA provides that three violations trigger discharge, the Medical Review Officer had authority to reject the grievant’s claim that he had a prescription for oxycodone and had taken one pill the night before the test, and the arbitrator does not have the discretion under federal regulations and the employer’s Anti-Drug Plan to review the Medical Review Officer’s decision because it was a medical determination. The employer’s plan stated that the “arbitrator is ...