The legal battle is over for an Alaska Airlines mechanic and his inadvertent consumption of THC.
On October 7th 2023, I posted an article, Airline’s Random Drug Testing, regarding an Alaska Airlines Mechanic who tested positive for THC, the main psychoactive compound in marijuana. The consumption was inadvertent at a neighborhood block party. It was undisputed that he had THC in his system, and Alaska has a zero tolerance policy for drugs. This mechanic lives and works in Washington State, where THC is legal, but he testified that he only drinks beer and has never consumed drugs. But the Director who terminated the mechanic, never conducted an investigation to determine the validity of the mechanic's claims.
ALASKA
The mechanic’s union, AMFA, brought in attorney Lee Seham to fight this injustice, and the mechanic won the grievance! The arbitrator ruled reinstatement. Yet, Alaska did not like that ruling.
The RLA grievance process typically minimizes employee rights because there is no discovery, no attorney fees, and all too often the decision is purchased. The best the employee can get is his job back and wages if he is lucky enough to win.
This time the Airline did not play shenanigans with buying off an arbitrator, and the mechanic won. However, Alaska Airlines decided to fight the ruling and take this case to federal court to have it overturned. The injustice of that decision to fight the ruling frustrated many.
That’s when attorney Sam Seham joined his father in the federal battle. Sam is a mirror of his father in brilliance and legal acumen, and a year later, October 15, they made history in Federal Court!
The mechanic is reinstated, awarded back pay, and attorney fees!
You can read the entire ruling HERE But the conclusion is that the mechanic wins! He also wins attorney fees… that is amazing. This is a huge win for airline employees everywhere.
IV CONCLUSION
For the foregoing reasons, the Court GRANTS the Union’s motion for summary judgment. The Court confirms the Board’s award and grants the Union’s request for attorney fees and costs. The Union may file a motion for attorney fees no later than 14 days after the entry of judgment. See LCR 54(d)(5) (citing Fed R. Civ. P. 54(d)).
The Court REMANDS to the Board the issue of whether Chappell should be awarded back pay and benefits from the date of the arbitration award. The Court DENIES Alaska Airlines’ motion for summary judgment. Dated this 15th day of October, 2024. John H. Chun United States District Judge.
Sounds like the “dog ate his homework.” If the transportation industry says they must show a no tolerance policy towards drugs in your system, and a judgment goes against that company, what do you believe will follow?
ReplyDeleteThe transportation policy does not say no tolerance, actually there is tolerance. It's the Alaska policy...but only for mechanics. Pilots could drink, fly, get help and back in the cockpit they go. They get three strikes.
DeleteThis mechanic wasn't impaired, had no idea, and he has never done drugs... he was at an innocent neighborhood party, with food available to children. Another case, a pissed off wife laced her husband's banana bread. And he got his job back. People cannot be held responsible for the bad behavior of others. If someone else burned your house down, your insurance would cover it. If you burned your own house down, they would not. This mechanic did not take drugs. Someone else did that to him. The LRA says a grievance hearing is binding. Therefore, that should have been done. But, the fact it was fought in Federal Court, the company lost more wages over the previous year, and attorney fees. The arbitrator and judge both made sound opinions, in this case.
Maybe too many years in law enforcement, but ignorance is the number one excuse used almost always. Eg, Richard Pryor, telling his wife, he found this woman unconscious and was attempting to revive her.
DeleteFunny! I get that.
DeleteDid you mean with a double entendre? Lol
DeleteAlways
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