Termination of bus driver after positive drug test upheld

On Board Online • December 13, 2010

By Kimberly A. Fanniff
Associate Counsel

A labor contract’s requirement that a school district use progressive discipline for all but the most serious offenses did not require it to keep employing a bus driver who tested positive for marijuana use, according to a court ruling in Shenendehowa CSD Board of Education v. CSEA.

After her termination, the bus driver filed for arbitration claiming her termination violated the district’s contractual promise to use progressive discipline, i.e., to ensure that penalties are proportional to offenses.

When an arbitrator agreed with the employee and sought to reinstate her, the district appealed to state Supreme Court for Saratoga County. The district asserted that the arbitrator exceeded his authority and rewrote rather than interpreted the contract provisions.

The court agreed with the district. It noted that the labor contract specifically provided suspension without pay or discharge may be invoked if an “employee’s conduct creates a danger to the health, safety or welfare of staff, students and or the general public or creates a danger to property.”

While the district was not compelled to terminate a bus driver who fails a drug test, it had the option to do so, the court said. It vacated the arbitrator’s award and confirmed the termination of the bus driver.