Southern California Gas Company v. Utility Workers Union of America, Local 132, Afl-Cio

Opinion by Judge BRUNETTI; Dissent by Judge ALARCON.

BRUNETTI, Circuit Judge:

In this case, two utility workers were terminated after their company learned from its medical review officer, whom the company believed was a licensed physician, that both workers had failed federally-required random drug tests. Shortly thereafter, the medical review officer was arrested for impersonating a licensed physician. Once the workers’ union learned that the medical review officer was an imposter, it pressed for the workers’ reinstatement. The company refused and arbitration ensued pursuant to a collective…