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Susan F. Gregory Plaintiff
vs.
Burlington Northern Railroad Company, a corporation, Defendant
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Issues:
Pre-employment testing, collective bargaining, due process, wrongful discharge, marijuana, policy and procedure, union issues.
Case Summary:
A former probationary employee with the Burlington Northern Railroad filed suit, challenging her dismissal for failing a company-mandated drug test. Susan Gregory accepted probationary employment with the railroad, conditional upon her successful completion of a drug test. Her sample tested positive for marijuana, and company officials terminated her employment. The company based its decision on an existing collective bargaining agreement. Railroad officials responded with a motion to dismiss.
Decision of lower jurisdiction:
This is the first judicial review of this case.
Outcome:
Gregory loses. The U.S. District Court for the District of Minnesota, Fourth Division, granted the railroad's motion to dismiss Gregory's complaint.