Case: Labor Arbitration/Discipline (Arb.)

Cleveland Clinic Lutheran Hospital didn’t have just cause to issue the grievant a final written warning for testing positive for marijuana metabolite, Arbitrator Amy L. Sergent ruled. Because the grievant was guilty of testing positive, a company medical director testified that she had marijuana in her system which violated hospital policy, and the sufficient warning she had that her conduct was subject to discipline, the hospital met its burden of just cause to discipline her based on the test results. However, the hospital’s random drug testing was in violation of the CBA which stipulated testing based on reasonable suspicion which ...