By Duke London
The Supreme Court levied an important decision Friday that will affect not only marijuana-related employment disputes in the future but arbitration cases as well.
Back in 2012, Gregory Linhoff was working a maintenance job at the University of Connecticut’s Health Center, a position he had held since 1998. According to his union representative, Linhoff had never caused issues on the job, disciplinary or otherwise. On the fateful night in question, police caught Linhoff smoking marijuana in a state-owned vehicle on UCONN’s Farmington campus. The arresting officer placed Linhoff in custody on charges that a judge later dismissed. UCONN promptly fired Linhoff after the incident.
At the time, Connecticut officials defended the termination of Linhoff’s employment by saying, “it was the only appropriate penalty for his conduct and not doing so would send a bad message to other employees.” An impartial arbitrator disagreed with the state of Connecticut, instead offering an alternative solution; suspend Linhoff for six months without pay, and subject him to random drug testing upon his return to work.
State officials weren’t happy about reinstating Linhoff and appealed the arbitrator’s decision with Connecticut’s Superior Court. The Superior Court Judge reversed the arbitrator’s ruling on the grounds that Linhoff violated the state’s policy on smoking marijuana in public.
That’s when Linhoff’s union, the Connecticut Employees Union Independent (CEUI), decided to take his case all the way to the Supreme Court.
The seven Supreme Court justices came to a unanimous decision that the lower court was erroneous in overturning the arbitrator’s decision. They ruled that while Linhoff could have been fired justifiably, it wasn’t a requirement based on the law, as the state of Connecticut tried to argue.
“The misconduct at issue was completely unacceptable, and we do not condone it,” Chief Justice Chase T. Rogers explained in the Supreme Court’s decision. “By the arbitrator’s estimation, (Linhoff’s) personal qualities and overall record indicate that he is a good candidate for a second chance,” Rogers added. “Moreover, the discipline the arbitrator imposed was appropriately severe, and sends a message to others who might consider committing similar misconduct that painful consequences will result.”
Gregory Linhoff did not comment on the ruling directly. However, his lawyer Barbara Collins added some insight as to why the case was a milestone victory. “Perhaps as important, the court acknowledged whether directly or indirectly that there is a public policy of rehabilitation and second chances which should be recognized in the workplace,” Collins said about the case’s impact on future arbitration disputes.
According to Collins, Linhoff was using marijuana at the time of his arrest to reduce stress related to a pending divorce and a recent cancer scare.
