Local 238 International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers v. Cargill, Inc.

James Kopish was employed by Cargill, Inc. as an extraction operator at a soybean processing plant in Cedar Rapids, Iowa. He was discharged on November 27, 1992, for refusal to submit to a drug and alcohol test. Under the collective bargaining agreement, the Union grieved and ultimately submitted his termination to arbitration.

In its post hearing arbitration brief, the Union framed the issue as “a basic just cause test,” and submitted “if there was not just cause for the termination, what is an appropriate remedy?” (J.A. at 11.) Cargill’s post hearing brief acknowledged that the issues…