Alaska Airlines has filed a federal lawsuit against a mechanics’ union over a recent arbitral decision that reversed a 2022 termination of a technician for testing positive for THC. The company claims that the arbitration panel which rendered the decision in early this month “acted beyond its authority” by dispensing their own brand of industrial injustice.
The five-page lawsuit, filed Thursday in U.S. District Court Western District of Washington by Gregory Chappell’s lawyer, claims that the board reinstated him “based on findings and conclusions which were wholly without fact or reason.”
Lee Seham, the lawyer representing the mechanics’ union in arbitration, told Marijuana Moment that it is “extremely rare” for companies, who are usually considered binding, to appeal arbitration awards to federal court.
The dispute revolves around a random drug-test given to Chappell in 2022. The worker, who had a positive marijuana test, denied having used cannabis and claimed he didn’t know how THC could have entered his body.
He told the Alaska Airlines maintenance director that he did not smoke marijuana in a subsequent investigation. The arbitration decision states, “Chappell denied using marijuana or any other drugs and could only speculate as to how he might have accidentally ingested marijuana edibles at a recent block party/barbecue.”
The arbitration board cited an earlier case in which Alaska allowed a maintenance technician who had eaten a cookie laced with marijuana by mistake to return to his job after self-reporting.
The arbitration panel ultimately decided that Alaska Airlines had not shown just cause to terminate an employee as required by union law. One supervisor admitted that he had not “specifically discussed” with anyone the fact that the worker denied intentionally using marijuana. Another airline supervisor testified that “we did not see any reason to pursue accident ingestion as that was never offered as a possible reason” for the failure test.
Seham, an attorney who represented the terminated worker, told Marijuana Moment that “just cause” is a concept which encompasses fairness. If someone claims innocence and you do not even look into his argument in the slightest, you are not complying with your duty to give them procedural and substantive fair process.
Alaska Airlines, in a newly filed lawsuit against the board, claims that the board acted “in excess of its authority and jurisdiction because the award was without foundation or reason and did not take its essence from [the collective bargaining agreement] and amounted dispensing their own brand of industrial injustice.”
The Board reinstated Mr. Chappell, it said. “It determined that the Company’s disciplinary action’may not have been termination’ if Mr. Chappell’s ‘potential ingestion theory’ was presented at that meeting.”
Alaska Airlines argues that under the Railway Labor Act, the court is authorized to invalidate the arbitral award. Alaska Airlines wants the decision on reinstatement vacated.
Joe Wonderly, a Seyfarth Shaw LLP partner and Alaska Airlines’ counsel, did not respond immediately to a comment request.
Seham told Marijuana Moment Friday that he is optimistic about the chances of the worker in light of the lawsuit filed by the company. He said that the win rate for similar challenges to arbitral awards is one in 1,000.
Employers and policymakers have been prompted to reconsider how and when people are tested for marijuana due to the changing legal landscape in the United States.
The House Rules Committee has blocked a Democratic Congressman’s renewed efforts to stop the practice of testing federal job candidates for cannabis use.
In September, however the House Oversight and Accountability Committee approved a bipartisan standalone bill that would prohibit the denial or refusal of federal employment and security clearances because a candidate has used marijuana in the past.
While the rescheduling marijuana to Schedule III of the Controlled Substances Act may eventually allow some federal employees to use medical marijuana , even in states where marijuana is currently illegal, people who work for federal contractors or grantees are unlikely see any policy change. Contractors are prohibited from using or possessing “controlled substances” under federal law. Schedules I to V drugs are included in this definition.
The Substance Abuse and Mental Health Services Administration (SAMHSA) filed federal program rule changes last week clarifying that medical marijuana on a doctor’s recommendation, in a state where it is legal, does not qualify as an excuse for a THC positive test.
Download the complete complaint of the federal court below.
Washington State could allow the use of facial recognition and fingerprint scanning to buy marijuana and alcohol
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The original post Alaska Airlines seeks to reverse order reinstating worker fired for positive marijuana test with new federal lawsuit was first published on Marijuana Moment.
