750 N.E.2d 170 | Ohio Ct. App. | 2000
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"The lower court erred when it reversed the Unemployment Compensation Review Commission's Decision, which was not unlawful, unreasonable, or against the manifest weight of the evidence."
We agree that the common pleas court erred in its analysis of the appellee's entitlement to unemployment benefits. Accordingly, we reverse.
The appellee worked for Matlack as a truck mechanic from February 1969 until his discharge in January 1996. The appellee's duties as a mechanic required him to periodically drive Matlack's commercial trucks. The appellee was therefore required to maintain a commercial driver's license and was also subject to Matlack's random drug testing policy. During his employment with Matlack, the *98 appellee attended mandatory substance abuse awareness training and was aware of Matlack's drug testing policy.
In January 1996, the appellee was chosen for a random drug test. At the time he was called, the appellee was on leave with a non-work-related injury. After initially objecting to being tested while on leave, the appellee reported to the designated testing location and gave a urine sample. The appellee's sample tested positive for marijuana. After learning of the result, Matlack suspended the appellee until the test results were confirmed. The appellee requested a second drug test, to be conducted at his own expense. He later withdrew his request after learning that he would not be allowed to submit a new urine specimen for testing; rather, the second test would be performed using a "split sample" of his previous specimen. After confirming the positive result, Matlack discharged the appellee for failure to comply with its substance abuse policy.
The appellee filed an application for unemployment benefits under R.C.
Under R.C.
In denying benefits to the appellee, the Commission decided that Matlack terminated him for "just cause in connection with his work" within the meaning of R.C.
Matlack's sole reason for firing the appellee was the appellee's positive result on the random drug test. The Commission determined that the appellee's positive drug test constituted just cause in connection with his work because it disqualified the appellee from a significant part of his duties, i.e. driving commercial trucks. See Sections 382.215, 382.501, and 382.503, Title 49, C.F.R. Although the appellee disputed the result of the random drug test, the Commission found nothing to substantiate his claims of inaccuracy. The Commission found no evidence to show that the testing facility, which was approved by federal regulators, was unreliable or responsible for any erroneous or "false positive" tests. The Commission also found evidence that the appellee had in fact used marijuana prior to the drug test. The Commission's decision cited hearing testimony in which the appellee's supervisor recalled the appellee saying he had "screwed up" and "made a mistake" at his birthday party. The Commission also found that the appellee withdrew his request for an additional drug test when he discovered that any re-testing would be done on a split sample of the same urine specimen. The appellee's proposal to have a second test using a new specimen was not authorized by Matlack's policy or the federal regulations governing random drug testing of commercial drivers. See Section 40.33(e) and (f), Title 49, C.F.R. (setting forth proper methods for re-testing)
The common pleas court concurred in virtually all of the Commission's factual findings. Nevertheless, the court reversed the Commission's ultimate determination and decided that the appellee was entitled to unemployment benefits. The court based its reversal on two provisions of the collective bargaining agreement. It interpreted Article 11 of the collective bargaining agreement as allowing Matlack to discharge an employee for drug use only if it occurs while an employee is on duty or on company property.3 Because the appellee tested positive while on leave, the court concluded that his discharge was contrary to this provision. The court also invoked Article 14 of the collective bargaining agreement as an additional basis for invalidating the Commission's decision. Under this article, the court maintained that the appellee was entitled to a second *101 drug test, at his expense. The court concluded that Matlack "denied" the appellee his rights under Article 14 by refusing to allow a second urine sample to be tested.4 Based on its interpretation of these provisions, the court found that Matlack did not comply with the collective bargaining agreement when it terminated the appellee's employment. The court therefore reversed the Commission's decision.
We believe that the common pleas court incorrectly relied upon its interpretation of the collective bargaining agreement as a basis for reversal. The aim of a "just cause" determination under R.C.
Apart from the lower court's reliance on the collective bargaining agreement, there exists no reason to reverse the Commission's denial of unemployment benefits to the appellee. The appellee failed a random drug test that was administered in accordance with company policy and federal regulations. The positive test disqualified the appellee from performing essential tasks related to his employment as a truck mechanic. The Commission could therefore reasonably conclude that Matlack discharged the appellee for just cause in connection with his work within the meaning of R.C.
The appellant's assignment of error is sustained. We reverse the judgment of the common pleas court and reinstate the Commission's decision denying unemployment benefits to the appellee.
JUDGMENT REVERSED.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Lawrence County Common Pleas Court to carry this judgment into execution.
Any stay previously granted by this Court is hereby terminated as of the date of this entry.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions.
Kline, P.J.: Concurs in Judgment Only. Abele, J.: Concurs in Judgment Opinion.
For the Court
BY: _________________________ William H. Harsha, Judge
* * * [¶] The Employer reserves the right to select its own medical examiner or physical, and the employee may, if he believes an injustice has been done him, be re-examined at his own expense and by the physician of his choice."