An Alaska Airlines mechanic has been resinated at Alaska after successfully arguing that he did not knowingly ingest THC after failing a drug test.
Alaska Airlines Mechanic Admitted To THC In System, But Claimed He Did Not Know Where It Came From – He Won His Job Back On That Basis
Alaska Airlines randomly drug tests employees. If tetrahydrocannabinol (THC) metabolites are found, the principal psychoactive constituent of cannabis, the employee is terminated. Even in jurisdictions in which marijuana is legal, Alaska Airlines has a drug-free policy, particularly for those fixing critical systems and aircraft.
In July 2022, an aircraft maintenance technician (AMT) was tested and found with higher than allowable levels of THC in his system. He was immediately fired on safety grounds. But he appealed through his union and has now won his job back…on an interesting defense.
While he did not deny the THC readings in his system, he denied using drugs and speculated that he had “unwittingly ingested a marijuana edible at a block party/barbecue he had recently attended.”
The employee is not named beyond being the “grievant” and we know that he worked for Alaska Airlines for 22 years. We also know he had passed every previous drug test and had an unblemished record with the company.
Alaska Airlines responded that:
- He knew Alaska’s “zero tolerance” drug policy, as it was frequently emphasized in training
- His story about “accidentally” ingesting an edible was “a fantastical story” that amounted to nothing more than “bizarre speculation” and came forward only after he was fired
- He denied that the so-called edible had any effect on his body and failed to investigate the source of the “sweet” that may have contained THC
“A far more reasonable conclusion is that Grievant had THC in his system because he chose to use a marijuana product.”
However, the arbitration panel that reviewed his job termination disagreed and restored him.
A Bigger Case Than One Man
This is an interesting arbitration case in terms of the precedent it may set.
Alaska insisted that it had presented “conclusive proof that the employee ingested the substance at issue,” and had no need to prove intent.
“If any employee were able to escape the consequences of a positive drug test by simply denying drug use and claiming accidental ingestion (without any corroborating evidence), Alaska’s Drug and Alcohol Use Policy would be utterly toothless and the Company would have no meaningful way to deter drug use among safety sensitive employees.”
But the panel said that Alaska Airlines had allowed another worker to return to work in the past after voluntarily admitting that he had “accidentally” consumed a THC-laden cookie. If you take the word of the employee, it not unreasonable to conclude, as the panel did:
“Grievant could not self-report unintentional ingestion of marijuana because he did not know or have reason to suspect that it had even occurred, until he tested positive.”
You can read the arbitration decision here.
CONCLUSION
Alaska Airlines lost and the mechanic is back…but can certainly expect more frequent testing going forward.
As much as I personally detest the smell of pot, I do have to wonder whether legal drugs like marijuana should be treated like another legal drug called alcohol. Perhaps instead of simply a “no tolerance” policy, an impairment test is the better practical solution as marijuana proliferates in this culture.
So … if a driver is given a DUI summons , will he tell the judge that he “accidently” , “unintentionally” , raised his blood alcohol level at a street party ? Come on now .
The rules about just cause in a union arbitration are different than the law in a criminal case.
“An Alaska Airlines mechanic has been resinated at Delta Air Lines“
Perhaps a typo?
Most certainly.
I would require he file a police report against the host of the block party for giving people THC without their consent if he truly ingested it unknowingly. Let’s see how much he really wants his job back.
That’s the stupidest thing I’ve ever heard.
He should provide evidence to support his story. A police report would suffice.
THC being legal, does not mean it can be given to others without their consent. I work in a zero tolerance industry as well and would certainly press charges if my food at a party had THC in it without informing me. I don’t have any friends who use THC anyways.
Doesn’t matter state jurisdictions… airline safety sensitive people are in the DOT drug program which is more closely aligned with federal law. Just because something is legal in one place doesn’t mean it’s allowed if one chooses to be employed in a position that is part of a DOT program.
What’s even better is that Delta Air Lines recently gave out, on a safety day event, chapstick to employees that contains cannabis oil. They had to hurriedly tell employees to dispose of said chapstick. I have the photos of the chapstick label and have the memo. Pretty funny.
+1
In contrast, a Citibank employee in the UK went to Amsterdam on business and charged his lunch consisting of 2 sandwiches, 2 pasta dishes, and 2 coffees. The total charge was under the €100 limit. However, the food was for himself and his partner, which is not allowed. He denied it at first, then admitted it. Part of his job is some sort of audit or compliance duties.
He was fired and his firing was upheld.
This story was in Fortune, BBC News and other sources. https://www.bbc.com/news/business-67121456
The bottom line is to act correctly. Sometimes people will get away with it, sometimes not.
You are correct. Interesting story, btw.
THC gummies – indeed all products containing THC – have a unique and unmistakable smell. I suppose it’s possible to grab a handful of gummy mix candy and consume a product containing THC but once you put it in your mouth the taste is unlike any candy you have ever consumed.
Just reminds me of the fact that make sure as you enter the US you do not have any suspicious bags or packages on you that are not yours.
Ironically, the company lawyer who argued this case is no longer with the company.
Its AMFA, they represent scabs and company moles, of course they will protect one of their own. One of the worst unions in the history of aviation.