Legal Opinion

Dickenson-Russell Coal Co. v. International Union, United Mine Workers

District Court, W.D. Virginia

Decided January 3, 2012No. Case No. 2:11CV00023Published

1Opinion of the Court

OPINION

JAMES P. JONES, District Judge.

The issue in this case is the enforceability of a labor arbitrator’s award that directed reinstatement of a coal mine employee who was fired under a “zero-tolerance” drug policy after testing positive for marijuana use. The arbitrator found mitigating circumstances, including that the longtime employee had no prior history of illegal drug use. Because the drug policy did not require termination as the only possible punishment and reinstatement does not violate public policy, I will uphold the award.

I

Dickenson-Russell Coal Company, LLC…

2Cases cited13 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  3. United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
  4. United Paperworkers International Union v. Misco, Inc.Supreme Court of the United States · 1987
  5. Eastern Associated Coal Corp. v. United Mine Workers, District 17Supreme Court of the United States · 2000

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