The Department of Central Management Services v. Ndoca 

Illinois Appellate Court
Civil Court
Arbitration
Collective Bargaining Agreements
Citation
Case Number: 
No. 1-09-1052
Decision Date: 
Tuesday, March 23, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 2nd Div.
Holding: 
Affirmed.
Justice: 
CUNNINGHAM
Teamsters Union member was terminated by IDOT after random drug test showed marijuana in his system. Arbitrator conditionally reinstated him, requiring he complete treatment and rehab, and pass a drug and alcohol test. Arbitrator was within her authority to construe meaning of CBA for lesser penalty, emphasizing just cause required for termination, even though CBA mandates 30-day suspension pending discharge of employee who tests positive for marijuana.