Marijuana, union issues, due process, policy and procedure, collective bargaining issues, safety.

A union representing workers at the Chicago & Northwestern Transportation Co. challenge the railroad's termination of a union worker. Railroad officials implemented a new rule, which stipulated off-duty use or possession of illegal drugs constituted an act of misconduct. Shortly thereafter railroad employee Michael White, a union member, was arrested and charged with possession of marijuana. The railroad terminated White before he could enter a formal plea in court to the possession charge The union challenged the railroad's action, claiming the railroad violated an existing collective bargaining agreement. The union petitioned the court, seeking a preliminary injunction against the railroad's policy.

A U.S. District Court granted the union's motion for a preliminary injection against the railroad. The court ruled the railroad significantly altered an existing collective bargaining agreement by implementing the rule on off-duty conduct. The court ordered the railroad to reinstate White and compensate him for the time he was out of work. Railroad officials now appeal.

The union wins. The U.S. Court of Appeals for the Eighth Circuit affirmed the decision of the district court. The appeals court ruled the railroad could introduce workplace rules against drugs, but must exempt union workers covered by the existing collective bargaining agreement.