A Texas oil refinery whose substance abuse policy said an employee “whose drug test is positive, regardless of the reasons for the test,” would be considered in violation of company policy and “will be terminated from employment” meant what it said, a labor arbitrator has concluded. The policy, along with an agreement requiring that an employee seeking assistance for a claimed drug problem abstain from drug use, justified the discharge of an employee who tested positive for marijuana on a return-to-duty drug test. “In this case,” the arbitrator wrote, “the Substance Abuse Policy and the Agreement for Continued Employment leave no room for arbitral discretion.” Coupled with the company’s consistent enforcement of its Agreement, the arbitrator could find no basis for overturning the discharge.
Employee’s Positive Return-to-Duty Drug Test Result Warranted Termination Despite Employer’s Use of Low Cutoff Concentrations
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