11th Circ. Says Georgia-Pacific Drug Policy Open To Question

Law360 (November 23, 2020, 8:22 PM EST) -- An arbitrator could interpret Georgia-Pacific's zero-tolerance drug policy as lacking just cause to fire a union worker who tested positive for opiates, the Eleventh Circuit said, reversing an Alabama federal court's decision that the arbitrator overstepped his bounds with that decision.

A three-judge panel, in a per curiam opinion Friday, reversed and remanded a district court's decision that found Georgia-Pacific had the right to terminate Roger Irvin after he failed a drug test. That decision vacated an arbitrator's finding that the company had violated its collective bargaining agreement with the United Steelworkers, and ordered Irvin reinstated.

The Eleventh Circuit said the...

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