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AMALGAMATED TRANSIT UNION v. MTA

No. 37, September Term, 1985.

305 Md. 380 (1986)

504 A.2d 1132

AMALGAMATED TRANSIT UNION, DIVISION 1300 v. MASS TRANSIT ADMINISTRATION.

Court of Appeals of Maryland.

Motion for Reconsideration Denied April 2, 1986.

Attorney(s) appearing for the Case

Joel A. Smith (Bernard W. Rubenstein, Patty L. Parsons and Abato, Rubenstein & Abato, P.A., on brief), Lutherville, for appellant.

Joseph S. Kaufman (Kenneth D. Pack and Melnicove, Kaufman, Weiner & Smouse, P.A., on brief), Baltimore, for appellee.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ.

RODOWSKY, Judge.

This appeal grows out of a labor arbitrator's award in review of a discharge from employment. The arbitrator found that a Mass Transit Administration (MTA) bus driver, who had previously been warned not to do so, had operated a bus with the odor of alcohol on his breath, without being intoxicated or under the influence. The award ordered reinstatement but denied backpay or benefits, thereby in effect imposing a suspension for eight months and nineteen...

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