Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.
An earlier grievance and arbitration proceeding between the parties resulted in an arbitration award dated December 4, 1999. That award upheld the termination of an employee of the Town Highway Department based on his having tested positive for marihuana. It did not, however, directly address the question of whether, pursuant to the parties...
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