Amalgamated Transit Union, Division 1300 v. Mass Transit Administration

RODOWSKY, Judge.

This appeal grows out of a labor arbitrator’s award in review of a discharge from employment. The arbitrator found that a Mass Transit Administration (MTA) bus driver, who had previously been warned not to do so, had operated a bus with the odor of alcohol on his breath, without being intoxicated or under the influence. The award ordered reinstatement but denied backpay or benefits, thereby in effect imposing a suspension for eight months and nineteen days. MTA contends that Maryland public policy requires discharge and tolerates no lesser sanction. While public *382policy would…