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MOUNTAINEER GAS COMPANY a corporation Plaintiff-Appellee
vs.
OIL CHEMICAL & ATOMIC WORKERS INTERNATIONAL UNION; OIL CHEMICAL & ATOMIC WORKERS INTERNATIONAL UNION LOCAL 3-372; DONALD R. WATSON Defendants-Appellants.
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Issues:
Collective bargaining, random testing, safety, union issues.
Case Summary:
Donald Watson, a former employee with the Mountaineer Gas Company, appeals a lower court's ruling that upholds his dismissal. The company terminated Watson's employment after he posted a positive result in a random drug test. The union representing Watson submitted the issue for arbitration. The arbitrator converted Watson's dismissal to a disciplinary suspension. The company filed an appeal to the arbitrator's ruling.
Decision of lower jurisdiction:
The U.S. District Court for the Southern District of West Virginia determined that the arbitrator exceeded his authority. The court refused to enforce Watson's arbitration award. Watson now appeals.
Outcome:
Watson loses. The U.S. Court of Appeals, 4th Circuit, affirmed the ruling of the district court. The appeals court stated the arbitrator erred in his review of the case. The court ruled the company acted within the restrictions of its agreement with the union.