NEPBA Attorney Tom Horgan wins Local 575 Norfolk Sheriff’s Arbitration Decision
From the desk of Executive Secretary Bill Ryan;
NEPBA received a favorable arbitration decision today on behalf of the CO’s of the Norfolk County Sheriff’s Office. The arbitrator held in our favor on all issues, rescinding a 14 day suspension for a positive drug test; expunging a positive drug test from the grievant’s employment record, and eliminating any future obligations for the grievant to report to random drug testing, Great decision here all around!
Essentially, NSO, per contract, can only drug test an employee within a 121 day window each year, 60 days prior and 60 days after their birthday absent two conditions, a motor vehicle accident involving an NSO vehicle or receipt of workers compensation benefits IF either result in the employee missing work at the time their testing window otherwise expires. Here, NSO attempted to drug test the grievant outside of his scheduled window because he was out of work on his regularly scheduled days off. NSO threatened the drug test which resulted in the grievant admitting in advance of the test to his supervisor that he believed he would test positive and then ultimately a positive test. However, because the drug test violated the CBA the arbitrator held the positive test, as well as the admission to the same, were fruits of the poisonous tree and thus must be expunged from the grievant’s employment record.