A federal judge in Seattle has rejected an effort by Alaska Airlines to overturn an arbitration order reinstating the employment of an aircraft maintenance technician whom the company fired over a positive test for THC<\/a>.<\/p>\n The worker insisted that he did not knowingly use cannabis and was unaware of how the drug entered his system, speculating he may have accidentally eaten an infused edible at a neighborhood block party.<\/p>\n The employee, Gregory Chappell, was given a random drug test in July 2022. The level of THC metabolites came back above a minimum threshold, and he was immediately fired given the safety-sensitive nature of his lead aircraft maintenance technician (AMT) role.<\/p>\n Chappell denied using marijuana and said it was possible he\u2019d unwittingly consumed an edible at the neighborhood party, where none of the potluck foods were labeled. The airline did not investigate that claim, instead relying on the company\u2019s policy against drug use by safety sensitive employees.<\/p>\n Chappell\u2019s union challenged the firing, and in October of last year, an arbitration panel reversed his termination.<\/p>\n Alaska Airlines promptly filed a lawsuit in federal court seeking to undo the arbitration board\u2019s decision<\/a>, arguing that it was undisputed Chappell failed the marijuana test. The company said the employee\u2019s claim \u201cthat he may have unknowingly and accidentally ingested a marijuana edible at a block party simply\u201d amounted to \u201ca fantastical story\u201d and \u201cbizarre speculation,\u201d according to the arbitration panel\u2019s account of the case.<\/p>\n But in a federal court order on Tuesday, U.S. District Judge John H. Chun rejected the company\u2019s challenge, ruling that the arbitration board \u201cdid not exceed its jurisdiction\u201d in ordering Chappell be rehired.<\/p>\n \u201cTo vacate an adjustment board\u2019s award, a court must conclude that the board\u2019s reasoning was \u2018wholly<\/em> without foundation in\u2026fact,’\u201d the court wrote.<\/p>\n \u201cAnd insofar as Alaska Airlines contests the Board\u2019s reinstatement of Chappell,\u201d the decision continues, \u201cAlaska Airlines cites no authority suggesting that the board\u2019s remedy was unfair, much less warranting judicial intrusion in an area over which the Board has special expertise.\u201d<\/p>\n The judge further awarded the union attorneys fees and costs for the case, though it remanded the matter to the arbitration board to determine how to handle backpay and benefits for the past year.<\/p>\n \u201cBecause the Board did not account for the possibility that Alaska Airlines\u2019 noncompliance with the award would delay Chappell\u2019s reinstatement,\u201d the order says, \u201cthe Court remands to the Board the issue whether Chappell should be awarded back pay and benefits from the date of the arbitration award.\u201d<\/p>\n Reached this week, attorney Lee Seham, who represented Chappell\u2019s union in the case, said the matter underscores the state\u2013federal conflict over the legality of cannabis and recognizes that marijuana is more prevalent in the era of state-level legalization.<\/p>\n \u201cTo my mind, this case is a reflection of the tension between federal and state law,\u201d he told Marijuana Moment. \u201cMarijuana is everywhere. And it can be in eaten at a potluck supper, innocently, and without physiological impact, and thereafter destroy a career.\u201d<\/p>\n \u201cThe arbitration decision, and the federal court case enforcing that decision, recognize a need to protect the innocent victims of this tension,\u201d he added.<\/p>\n Seham told Marijuana Moment a year ago that it was \u201cextremely uncommon\u201d for companies to challenge arbitration awards in federal court, noting that such decisions are typically considered final and binding.<\/p>\n He said the federal court\u2019s upholding of that decision reaffirms that \u201cwe\u2019re living in a different age\u201d in which \u201cmarijuana is ubiquitous.\u201d<\/p>\n \u201cYou didn\u2019t even investigate this man\u2019s account or representation that it must have been accidental,\u201d he said of Alaska\u2019s handling of the incident.<\/p>\n \u201cThings have changed so radically in the last 10 years,\u201d he added, \u201cand arbitrators are allowed to look at those facts and say, \u2018When I decide what\u2019s just, I get to look at these things.’\u201d<\/p>\n Alaska Airlines did not immediately respond to a request for comment about the court ruling, nor did the company\u2019s lawyer in the matter.<\/p>\n Seham made similar arguments about the changing legal landscape around marijuana in an op-ed published in Marijuana Moment last November<\/a>:<\/p>\n \u201cIrrespective of one\u2019s thoughts on marijuana legalization, we have reached a point of no return both in terms of culture and economics. More than 50 percent of Americans live in jurisdictions where recreational marijuana is legal<\/a>, and 74 percent have access to medical cannabis. Revenue of the U.S. cannabis market will exceed $30 billion in 2023 and will increase at double-digit rates for the foreseeable future. State treasuries hunger for the tax revenue<\/a>.<\/p>\n \u201cGiven its legality, given its ubiquity, it is time we stop gratuitously destroying careers based on marijuana tests that say nothing about impairment. The problem is particularly acute in the transportation industry, where employers are compelled by federal law to randomly test employees and remove them from their safety sensitive positions based on positive tests. Frequently, that removal is followed by termination by the employer and license action by the regulating agency.\u201d<\/p>\n The evolving legal landscape around cannabis in the United States has complicated drug testing standards, especially in federally regulated sectors, and has encouraged employers and policymakers alike to reconsider when and how people are screened for marijuana.<\/p>\n In August, Marijuana Moment published a document behind a decision by Home Depot, one of the largest employers in the United States, to remove cannabis from screening panels entirely and stop pre-employment drug testing of most of its workers<\/a>.<\/p>\n In 2021, corporate behemoth Amazon announced that it would stop testing many of its workers for marijuana<\/a>\u2014and also begin lobbying the federal government for cannabis legalization.<\/p>\n A number of states have also passed legislation that limits or prevents drug testing of employees for marijuana. Earlier this year, for example, new worker protections took effect in both California and Washington State<\/a>.<\/p>\n In California, employers are now prohibited from asking job applicants about past cannabis use, and most are barred from penalizing employees over lawful use of marijuana outside of the job. The Washington State law, meanwhile, protects workers from facing employment discrimination during the hiring process over their lawful use of cannabis. It does not protect current workers from discipline or firing for out-of-work use, however.<\/p>\n In New Jersey, the state\u2019s policy against drug testing public employees has spiraled into lawsuits over whether police in Jersey City can be fired for testing positive for THC. The state\u2019s attorney general has advised departments not to test officers for off-duty cannabis use<\/a> following legalization, but Jersey City\u2019s mayor has publicly defied that policy\u2014a move officers claim is motivated by the mayor\u2019s political ambitions<\/a>.<\/p>\n Cannabis-related employment policies have been a major topic across the country amid the marijuana legalization movement.<\/p>\n As marijuana legalization\u00a0began to take effect in Ohio last year<\/a>, for example, Cleveland Mayor Justin M. Bibb (D) announced that\u00a0the city has \u201cmodernized\u201d its drug testing policies for applicants for city jobs<\/a>, eliminating \u201cantiquated language around pre-employment marijuana testing that has previously hindered hiring efforts.\u201d<\/p>\n A Washington, D.C. law went into effect last July that bans most private workplaces from firing or otherwise punishing employees for marijuana use<\/a>\u00a0during non-work hours.<\/p>\n Michigan officials also approved changes to the state\u2019s employment policy<\/a> last year, making it so applicants for most government jobs will no longer be subject to pre-employment drug testing for marijuana.<\/p>\n New York also provides\u00a0broader employment protections for adults who legally use cannabis<\/a>\u00a0during off-hours and away from work.<\/p>\n A number of North American sports leagues have also revised their stances on cannabis in recent years. Last year, for example, the National Basketball Association (NBA) removed marijuana from its banned substances list<\/a>\u00a0and allowed players to invest in cannabis companies. The league had reportedly already\u00a0stopped testing players for cannabis use for years<\/a>\u00a0at that point.<\/p>\n Major League Baseball (MLB), meanwhile,\u00a0took marijuana off its banned substances list in 2019<\/a>\u00a0and some baseball teams\u2014including the\u00a0Chicago Cubs<\/a>\u00a0and\u00a0Kansas City Royals<\/a>\u2014have since partnered with CBD companies. In 2022, MLB itself\u00a0signed a CBD company to serve as the league\u2019s first-ever cannabis sponsor<\/a>.<\/p>\n While the National Football League (NFL) and its players union agreed to end the practice of suspending players over marijuana<\/a>\u00a0or other drugs as part of a collective bargaining agreement in 2020, it has continued to fine players over positive THC tests. For the first through third positive test, the fine is half a week\u2019s salary; a fourth and each subsequent positive test is punishable by a fine equal to three week\u2019s salary.<\/p>\n Other sports leagues and governing bodies have also adopted revised marijuana policies as the state-level cannabis legalization movement continues to spread.<\/p>\n The National Collegiate Athletic Association (NCAA), for example, recently voted to\u00a0remove marijuana from its banned substances list for Division I players<\/a>, a change that took effect in June.<\/p>\n The Ultimate Fighting Championship (UFC) announced in December that it was formally\u00a0removing marijuana from its newly modified banned substances list<\/a>\u00a0for athletes, also building on an earlier reform.<\/p>\n However, ahead of a UFC event in February, a California athletics commission said they could still\u00a0face penalties under state rules for testing positive for THC over a certain limit<\/a>, as the state body\u2019s policy is based around World Anti-Doping Agency (WADA) guidance.<\/p>\n Nevada sports regulators voted last year to\u00a0send a proposed regulatory amendment to the governor<\/a>\u00a0that would protect athletes from\u00a0being penalized over using or possessing marijuana<\/a>\u00a0in compliance with state law.<\/p>\n While advocates have welcomed these changes, there\u2019s been criticism of WADA over its ongoing cannabis ban. Members of a panel within the agency said in an opinion piece last August\u00a0that marijuana use by athletes violates the \u201cspirit of sport,\u201d<\/a>\u00a0making them unfit role models whose potential impairment could put others at risk.<\/p>\n Advocates strongly urged WADA to enact a reform after\u00a0U.S. runner Sha\u2019Carri Richardson was suspended<\/a>\u00a0from participating in Olympics events due to a positive THC test in 2021.<\/p>\n Following that suspension, the U.S. Anti-Doping Agency (USADA) said that\u00a0the international rules on marijuana \u201cmust change,\u201d<\/a>\u00a0the White House and\u00a0President Joe Biden himself signaled<\/a>\u00a0that it was time for new policies<\/a>\u00a0and\u00a0congressional lawmakers amplified that message<\/a>.<\/p>\n During this year\u2019s Olympics in Paris, the head of USADA\u00a0blasted the \u201cunfair\u201d ban on marijuana for athletes competing in international sport events<\/a>.<\/p>\n Read the court order in Alaska Airlines v. Aircraft Mechanics Fraternal Association Local 14<\/a><\/em> below:<\/strong><\/p>\n Doctors Group Says Opioid Settlement Funds Should Be Used To Support Safe Consumption Sites For Illegal Drugs<\/a><\/p>\n<\/blockquote>\n \u00a0<\/p>\n The post Federal Court Upholds Order Requiring Alaska Airlines To Rehire Worker Who Was Fired Over Positive Marijuana Test<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
A federal judge in Seattle has rejected an effort by Alaska Airlines to overturn an arbitration order reinstating the employment of an aircraft maintenance technician whom the company fired over a positive test for THC. The worker insisted that he did not knowingly use cannabis and was unaware of howContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":24,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/78467"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/24"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=78467"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/78467\/revisions"}],"predecessor-version":[{"id":78468,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/78467\/revisions\/78468"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=78467"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=78467"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=78467"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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\nRead More: Federal Court Upholds Order Requiring Alaska Airlines To Rehire Worker Who Was Fired Over Positive Marijuana Test<\/a><\/body><\/html><\/p>\n","protected":false},"excerpt":{"rendered":"