Alaska Airlines Maintenance Worker Was Fired After Positive Drug Test – A Court Just Gave Him The Job Back [Roundup]

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Comments

  1. Oh great. I’m sure everypothead — I mean poor hardworking employee who accidentally ingests some marijuana — will insist they can’t be fired.

    That said, I was just on a flight where someone reeked of pot so badly that I may have failed if given a drug test.

  2. “potheads” are well-known to be mentally inattentive.

    What’s next ? “pothead astronauts” ? “pothead candidates for President?”

  3. Hopefully Alaska Airlines doesn’t have a stone-cold stoner in its midst, helping maintain airplanes. Google says 3 to 7 days, which makes this not highly probable for a random test.

    This precedent will kill the random tests for marijuana. At least tests can still be scheduled if impairment is observed.

    It would be easier to Alaska to prove this dude is a stoner than to disprove.dude ingested an edible unknowingly. A positive prior test is probable cause – court should have ordered.weekly drug screenings.for 6 months.

  4. For the story on the carry-on being in Business class, I think we are judging too fast the situation. The clip obviously is just showing the “white” lady showing her temper, however, this looks like far from being a fair way to judge the situation.
    Furthermore, you see the smirk of the FA when moving the bag, so there seems to be much more behind the story. At the beginning of this clip, she also questioned something about if the pax was a friend.
    The flight also seems to be very empty, therefore, what’s the reason that the bag can’t be stored back in Economy?

    Too much jumping to conclusion on this item.

    Cheers!

  5. I believe that the court and the arbitration board got it right about the worker. It was not a safety issue.

  6. The absurd “war on drugs” was Nixon’s attempt to go after anyone who seriously opposed his policies. It did a good job sending lots of money to destabilizing parts of Latin America via military funding and enhancing the profits of crime worldwide, but that’s about it. Well, the private prison industry benefited as did over armed police in the U.S.. While there may be very good reasons to watch for substance abuse in some very sensitive areas (especially alcohol, which is not tested for), the whole thing has just become another way of getting people used to being controlled. Can you imagine the World War 2 generation putting up with having their piss tested?

  7. The maintenance team, airline officials and FAA enablers who tortured and killed 88 people on Alaska 261 through shoddy maintenance practices were not stoned out of their gourds as far as we know, so there’s that.

  8. @jns … they got it wrong because it was an employment issue … the prerogative of the employer to set rules for employees’ intoxication .

    For example , the government forbids intoxicated employees , based on the observed evidence . That would leave apparently wine-drinking Camel-a out of the running .

  9. > “Marijuana is everywhere. And it can be…eaten at a potluck supper….”

    No way they didn’t know exactly what they were doing there. Well played.

  10. Inadvertent consumption can happen. Happened to me 40 years ago–I had no idea they were edibles, everyone else thought I knew. I never would have known had it not come up in conversation weeks later.

    And, yes, the texture of the cookies was wrong–but given that they had been done over a wood fire that was not notable.

    And the reality is the tests are far too sensitive–they look at any consumption, not at whether the person is impaired. Coming to work stoned or drunk or high should be a firing offense, but a small residue that has no effect on performance shouldn’t.

  11. Federal court got it right – you can’t try and gain advantage and save a buck by pushing all conflicts into arbitration, then get mad when the board rules against you – final is final.

    I don’t know enough about the collective bargaining agreement to know if the board ruled correctly. Assuming there’s a provision in there that the employee has to wilfully violate policy, then accidental ingestion shouldn’t be a fireable offense, and if Alaska didn’t make any effort to investigate whether the accidental ingestion claim was reasonable, then board would have to assume it is.

    For those who find it unfathomable to accidentally ingest an edible at a party, you just have boring friends!

  12. @Alert, I disagree and agree more with @Loren’s post. The courts have also struck down some unreasonable reactions by companies. In this case, the company fired the worker which was their prerogative. The ex-employee went to the arbitration board which was their prerogative. The arbitration board had authority due to the agreements between the company and the workers, probably through their union. The company did not follow the requirements of the arbitration board which was not their prerogative and that is why they lost in court. I looked at the information available and did not see anything indicating that this worker was impaired while doing the job. It seems more like a person having a problem from eating a bagel with poppy seeds on it. Actually, I wonder if Imodium could cause problems with incorrectly designed tests. I’m glad I have retired and don’t have to put up with such BS.

  13. @jns … The Federal Courts themselves forbid pot users from employment . Federal Courts ask the question on the employment applications . Federal Courts do not give any slack for appearing unimpaired on the outside while doing the job . There are reasons .

  14. @Christopher Raehl

    “For those who find it unfathomable to accidentally ingest an edible at a party, you just have boring friends!”

    I am sorry to see that you have chosen to mingle with the wrong “friends”
    If some of your “friends” try to feed you drugs (or alcohol), then they are NOT your friends, stay away from them!!

    After over 50 years of hanging with all sorts of groups of friends, I can say that you are who you hang up with.
    If you want to be successful, you need to hang with successful people.
    Successful people groups will motivate and uplift each other while loser groups will only find excuses as to why their life sucks!

    Remember that the first step to having a successful, happy, and fulfilling life and career is to have a healthy mind in a healthy body, that means, no drugs, no alcohol, no smoking, no gambling and no junk food, and also no “friends” that are trying to feed you those!

  15. Every person on probation that tests positive now can use that case to cover their a$$.

    The reason it was in my system judge is because my mom made brownies with it and she used it because she is f ed up

    The reason the coke is in my system is someone must have put it in the punch at the kids birthday party

  16. Every person on probation that tests positive now can use that case to cover their a$$.

    The reason it was in my system judge is because my mom made brownies with it and she used it because she is f ed up

    The reason the coke is in my system is someone must have put it in the punch at the kids birthday party .

  17. @Alert, he was not a prospective employee of the Federal Courts, as far as I know. Please cite laws in full text and cite case law to support your arguments about what was required of this employee. The federal case was more about the company not following through on implementing the arbitrated decision. As for marijuana, it’s use is often upheld by state courts these days while not being upheld in the federal court system. An interesting case that may have sideways implications. Look up: Noffsinger v. SSC Niantic Operating Company LLC, d/b/a Bride Brook Nursing & Rehabilitation Center

  18. @jns … Ah , I perceive a comment written much like an internet lawyer . Of course , internet lawyers take pride in arguing any side of any case.

    My reference to the Federal Court prohibition of potheads was an attempt at a subtle dig at the Federal judge , who may not be aware of his own Court rules , ya think ?

    In fact , an airplane maintenance person is a “Safety” job , ya know ? Common sense , really . .

  19. @jns … How about a pothead surgeon ? Just before anesthesia , for your brain surgery , you observe the surgeon smoking his pot ? If a judge said “Oh , no problem” , you might be the first to disagree .

  20. In a free society, if the decision was made to fire him that would have been the end of it. As it should be.

  21. I was coming out of the F lav on a United flight last week and noticed something I’d never seen before…that on the decal that says that clogged lavs delay flights, amongst the various items that should NOT be flushed was a TEDDY BEAR. I mentioned I’d just noticed this (after literally dozens of flights this year) to the FA in F and she was like “What? I’ve never seen that.” and so she stuck her head in the lav and burst out laughing.

    TL;dr – Every day has the opportunity to be filled with discovery.

  22. @Loren is right – I was at a wedding ceremony years ago, and an attendee who runs a bakery brought edibles in the form of cookies. While there was a warning sign next to them, one lady ate 3 cookies, and next thing everyone was trying to help her as she kept throwing up and crying in the bathroom. Given others there knew her and her usual lifestyle choices, it was certainly an accident. I can’t drink, and have ordered a juice at a bar only to realize it was spiked about 10-20 min later.

  23. @Mike: As for choosing friends–there was no choice involved on my part. “Tour” group (Johannesburg to London overland, IIRC scheduled as 5 months), they were other people in the group. Our leader had said that what we do about drugs is our business but absolutely not to bring them across any borders. Someone had some extra weed and we were going to cross a border. No malicious intent, they didn’t realize I didn’t know.

    (And, yes, Google isn’t going to have too much to say about that route–the days when such things were possible are long gone.)

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