ALBANY, N.Y. (AP) - On Tuesday, New York's top court has upheld the
suspension of a Shenendehowa school bus driver who tested positive for
marijuana, rejecting a school district's bid to fire the 10-year
The Court of Appeals says there are three grounds for throwing out an arbitrator's award: that it's irrational, violates public policy or clearly exceeds the arbitrator's specified limitations.
In the Shenendehowa Central School District case, the court says none of those apply.
The Civil Service Employees Association filed a grievance after the school district fired the driver. Both sides agreed to arbitration.
The arbitrator concluded the penalty was too severe and violated the union contract, directing her reinstatement without back pay, subject to a negative drug test and evaluation by a drug professional.
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