Arbitrators are creatures of contract. They only have the authority the parties give them. If they exceed that authority, their awards will be vacated not on public policy grounds but because they exceeded their authority. Eastern and the union submitted the issue of just cause to Arbitrator Barrett. Arbitrators must construe the agreement and cannot simply impose their own notions of what s fair.
Employers are masters of their domain.
Non-union employers can promulgate specific drug and alcohol abuse policies. Unionized employers can negotiate specific sanctions for employees who test positive for drugs and alcohol. If they fail or neglect to do so, the fact that employers can be held liable for injuries caused by a drug abuser who is reinstated is not a relevant factor. When this potential employer civil liability was mentioned during oral argument, Justice Scalia remarked that it would be the employer s own fault for signing a labor contract allowing a positive-testing employee to remain employed. Eastern certainly emphasized its potential liability for Smith s actions.