Union issues, drug test, evidence, collective bargaining, marijuana, policy and procedure, arbitration.

Sammy Clark, a former employee of the Newport News Shipbuilding and Dry Dock Co., appeals a lower court's decision in his wrongful discharge suit. Company officials dismissed Clark for testing positive for marijuana in a drug test. Clark filed a grievance on the issue but failed to win reinstatement. Clark subsequently filed suit in state court against the company and his union. Clark claimed wrongful discharge and negligent representation. Company attorneys successfully transferred the case to federal court.

The U.S. District Court for the District of Virginia dismissed Clark's case and denied his motion to transfer the case back to a state court. Clark now appeals.

Clark loses. The U.S. Court of Appeals for the Fourth Circuit affirmed the lower court's ruling. The appeals court ruled that Clark's allegations lacked merit.