Return to duty testing, collective bargaining, random testing.

A union representing Jane Doe, a transit system bus driver, appeals a lower court's ruling that approved Doe's firing by the transit company. Doe tested positive for drugs in a return to duty drug screen and was subsequently dismissed by company officials. Doe's union filed a grievance, arguing that the company's action violated a "just cause" provision in an existing contract. Following a hearing, an arbitrator ruled the company had violated the collective bargaining agreement and ordered Doe's reinstatement. The company appealed the ruling.

The Pulaski County Chancery Court granted the company's motion for summary judgment and reversed the arbitrator's ruling.

Doe wins. The Arkansas Court of Appeals reversed the lower court's decision. The appeals court said the company must adhere to the terms of its agreement with the union.