If your union contract has a “just cause” for termination clause, get the union’s sign-off on a covered employee’s last chance agreement.
Recent case: Leo worked for AEC as a heating, ventilation and air conditioning mechanic for over 28 years. When he was drug tested, he told the plant manager he would probably test positive, because he had smoked marijuana when out of town attending a funeral. He signed a last chance agreement calling for termination if he failed another drug test.
Leo did fail a subsequent test and was fired. But he was reinstated when an arbitrator, looking at the circumstances, decided there was no just cause for discharge. The 8th Circuit Court of Appeals upheld that decision. (AEC v. IBEW, No. 12-3712, 8th Cir., 2014)