Return to duty testing, alcohol testing, union issues.

Robert Cappellano, a part-time employee with a transit authority, appeals a lower court's ruling on his suit against the agency and his union. Cappellano was repeatedly suspended from his position as a bus driver with the Massachusetts Bay Transportation Authority for frequent absenteeism. His union appealed one of the suspensions. Cappellano posted a positive result in a return-to-duty drug test and his employment was terminated. The union filed a grievance with the transit authority on his behalf, but did not take the issue to arbitration. Cappellano filed a wrongful termination suit against the authority and a breach of good faith suit against the union.

The Superior Court of Suffolk County allowed the transit comp motion for summary judgment. Cappellano appealed on the grounds that the court erred because it failed to take into account that he did not consent to the drug test.

Cappellano loses. The Massachusetts Appeals Court affirmed the decision of lower jurisdiction.