Published Labor Arbitration Award, September 2010

On September 7, 2010, Partner Matt Wakefield received a favorable arbitration award on behalf of the Hotel del Coronado. The hotel discharged a restaurant hostess for failing a post-accident alcohol test. The union representing the employee argued that just cause for discharge did not exist because the employee thought she was off duty, and could therefore consume alcohol, before reporting to a medical clinic to be seen for her workplace injury. The hotel argued that the employee tested positive during work time because she was sent to the medical clinic shortly after her shift commenced and she was paid for her entire shift. The arbitrator agreed with the hotel and upheld the discharge because the employee “was on paid time when she gave the specimen that ultimately tested positive.” The published award is Hotel del Coronado, 10-2 ARB ¶5125 (Bordone, 2010).