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Suspension of Employee Based on Marijuana Odor and Positive Test Result Did Not Violate CBA

The employee in lawsuit ZF Active and Passive Safety and UAW, Local 1181, was rightfully put on a 10-day suspension after a strong odor of marijuana led to a positive reasonable suspicion test. The union argued that a combination of smelling marijuana and the positive test result were insufficient to justify the suspension because the existing collective bargaining agreement (CBA) required evidence of impairment. The arbitrator disagreed and determined “usage” was proven by the positive test results.

 

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Post By Ken Shafton (887 Posts)