Jottings By An Employer's Lawyer |
Tuesday, November 16, 2004
Last Chance Agreement Strictly Interpreted by 5th Cir.
This includes mouthwash or other medications/substances which may contain alcohol. If your doctor prescribes medication which contains alcohol/narcotic drugs, you are required to inform the EAP staff of such medication.The employee had not obtained a doctor's prescription for a drug containing alcohol, but instead had called the doctor's office to get an appointment and was told that he could not get a prescription over the phone, but could take over the counter medicine until then. Although the arbitral board found his action in keeping with the "spirit of the agreement," particularly since the employee had called the EAP to report that he was taking the medication, the 5th Circuit did not buy it. Instead it found [b]y failing to require proof of a doctor’s order, the Board’s interpretation effectively reads “doctor” out of the EAP agreement. Such an interpretation is not an arguable construction of the agreements; thus, the Board exceeded the scope of its jurisdiction in fashioning its award."Maybe it was just time for an airline to get a break.
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