Arbitration of Alcohol Cases

Donald J. Petersen

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DOI: 10.2190/EMT8-9M88-2943-6F0E

Abstract

An ongoing problem facing many employers involves the situation when employees drink alcohol on the job, or when they consume alcohol off-the-job which impairs on-the-job performance. Arbitrators have not required employers to furnish medical evidence to establish reasonable suspicion that employees are under the influence of alcohol. However, once such reasonable suspicion has been established, a breathalyser or blood alcohol test will confirm or negate such suspicions. This article based on 101 published arbitration awards, reviews the key issues involved in alcohol abuse matters. By definition, an alcoholic is a person who lacks the ability to control his/her consumption of alcohol after taking the first drink. A recovering alcoholic is a person who can control the impulse to drink by choosing total abstinence, one day at a time [1, at 626].

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