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EXXON CORP. v. ESSO WORKERS' UNION, INC.

No. 96-2241.

118 F.3d 841 (1997)

EXXON CORPORATION, Plaintiff, Appellant, v. ESSO WORKERS' UNION, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 8, 1997.

Attorney(s) appearing for the Case

Douglas B. Neagli, Baytown, TX, with whom Michael J. Liston, Glass, Seigle & Liston, Boston, MA, Patrick J. Conlon and Joseph T. Walsh, III, Florham Park, NJ, were on brief, for appellant.

Warren M. Davison, Baltimore, MD, Mark A. de Bernardo, Nancy N. Delogu, and Littler, Mendelson, Fastiff, Tichy & Mathiason, P.C., Washington, DC, on brief, for Institute for a Drug-Free Workplace, amicus curiae.

Nathan S. Paven, Quincy, MA, with whom Paven & Norton, Braintree, MA, were on brief, for appellee.

Before SELYA, Circuit Judge, COFFIN and CYR, Senior Circuit Judges.

SELYA, Circuit Judge.

This appeal tests the margins of an arbitrator's ability to order the reinstatement, into a safety-sensitive job, of an employee who has failed a reliable drug test. After painstaking reflection, we conclude that a well defined and dominant public policy encourages employers to develop, establish, and enforce programs to prevent their employees from attempting to perform safety-sensitive work while under the influence of narcotics or other intoxicants...

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