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DEBRA S. JOBES, Appellant-Plaintiff
vs.
TOKHEIM CORPORATION and ROBERT NICHOLS, Appellees-Defendants.
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Issues:
Fourth amendment, collective bargaining, union issues, post-injury testing defamation.
Case Summary:
Debra Jobes, an employee of Tokheim corporation, is injured on the job and tests positive for drugs in a post-accident test. The company terminates Jobes' employment. Jobes' union files a grievance on her behalf. An arbitrator orders the company to reinstate Jobes, and she subsequently files suit against the company, alleging defamation of character and an invasion of her privacy.
Decision of lower jurisdiction:
The trial court granted Tokheim's motion for summary judgment, accepting its citation of the Labor Management Relations Act 29 USC.
Outcome:
Jobes loses. Noting the constraints of an existing collective bargaining agreement, the Indiana Court of Appeals, Third District, affirms the decision of the trial court.