Find lawyers in the LII Lawyer Directory
Your query Omnibus Transportation Employee Testing Act returned 1 results.
![]() |
EASTERN ASSOCIATED COAL CORP. V. MINE WORKERS [Syllabus] 1. Whether, as the First, Third, Fifth, Eighth, and Eleventh Circuits have held, there is a well defined and dominant public policy that prohibits enforcement of arbitration awards requiring reinstatement to safety sensitive positions of employees who test positive for illegal drugs, or whether, as the Second, Ninth, Tenth, and now Fourth Circuits have held, no such policy exists and courts must therefore uphold reinstatement to safety sensitive positions of those who test positive for illegal drugs. 2. Whether, as the Fourth, Ninth, and District of Columbia have held, an arbitration award should be vacated on public policy grounds only when the award itself violates positive law or requires unlawful conduct by the employer, or whether, as the First, Third, Fifth, Seventh, Eighth, and Eleventh Circuits have held, such an award need not violate positive law to violate public policy---a question on which the Court granted certiorari, but did not reach, in United Paperwork's International Union v. Misco, Inc., 484 U.S. 29 (1987)." |