The company had a policy in its employee handbook addressing drug testing, drug use, and the ramifications for testing positive.

Notably, before his termination, Jenney had worked for Colonial for approximately 17 years and had no prior disciplinary record.

In conducting its review of the arbitration award, the court had to accept as true the facts the arbitrator found. As permitted by law, the company turned to the court asking it to vacate (toss out) the arbitration award. The arbitrator found there was no just cause for termination and ordered Colonial to reinstate Jenney. Under the terms of the CBA, the union filed a grievance, and the case was presented to an arbitrator. After Michael Jenney, a truck driver with a commercial driver’s license (CDL), tested positive for cocaine during a routine drug test, Colonial terminated his employment claiming his positive drug screen violated its drug use policy.