Legal Opinion
Exxon Corporation v. Esso Workers' Union, Inc.
Court of Appeals for the First Circuit
Decided July 8, 1997No. 96-2241PublishedCited by 28 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This appeal tests the margins of an arbitrator’s ability to order the reinstatement, into a safety-sensitive job, of an employee who has failed a rehable drug test. After painstaking reflection, we conclude that a well defined and dominant public policy encourages employers to develop, establish, and enforce programs to prevent their employees from attempting to perform safety-sensitive work while under the influence of narcotics or other intoxicants. Moreover, once an employer has set such a program in place, it countermands public policy if courts too readily rescue…
2Cases cited19 opinions
- United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
- United Paperworkers International Union v. Misco, Inc.Supreme Court of the United States · 1987
- W. R. Grace & Co. v. Local Union 759, International Union of the United Rubber, Cork, Linoleum & Plastic WorkersSupreme Court of the United States · 1983
- Delta Air Lines, Inc., Plaintiff-Counter-Claimant, Cross v. Air Line Pilots Association, International, Defendant-Counter-Claimant, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1989
- Amalgamated Meat Cutters and Butcher Workmen of North America Afl-Cio, Local Union 540 v. Great Western Food CompanyCourt of Appeals for the Fifth Circuit · 1983
14 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Eastern Associated Coal Corp. v. United Mine Workers, District 17Supreme Court of the United States · 2000
- Boston Medical Center v. Service Employees International Union, Local 285Court of Appeals for the First Circuit · 2001
- Mirpuri v. Act Manufacturing, Inc.Court of Appeals for the First Circuit · 2000
- Servicios Comerciales Andinos, S.A. v. General Electric Del Caribe, Inc.Court of Appeals for the First Circuit · 1998
- Bureau of Special Investigations v. Coalition of Public SafetyMassachusetts Supreme Judicial Court · 2000
23 more not listed; retrieve them via the Exa API.