Court Rules School Bus Driver Who Failed Drug Test Should Get Job Back
February 13, 2013  //  By:   //  New York  //  25 Comments   //   5107 Views

image

The driver on the bus goes puff, puff, puff…

How comfortable are you with a marijuana smoking bus driver bringing your kids to school?  Students at a school in upstate New York are being forced to deal with it.

Cynthia DiDomenicantonio, a bus driver for the Shenendehowa School District in Clifton Park, was fired from her job for failing a drug test.

An Appeals Court however, decided the firing was “too severe a punishment”, and have ordered the school to reinstate DiDomenicantonio.

Via the Times Union:

The state’s highest court on Tuesday unanimously upheld an order requiring the reinstatement of a Shenendehowa bus driver who was fired after she failed a random drug test for marijuana.

The Court of Appeals ruling supported the conclusion of an arbitrator who determined the firing of Cynthia DiDomenicantonio on Nov. 10, 2009, was too severe a punishment for the district employee of 10 years.

The school district, represented by attorney Beth Bourassa, had argued that it had adopted a zero-tolerance policy for positive drug tests. The bus driver’s attorney, Daren Rylewicz, countered that such a policy did not exist.

The arbitrator — who became involved after the bus drivers union, the Civil Service Employees Association, challenged the firing — found the dismissal violated the collective bargaining agreement.
The arbitrator ordered DiDomenicantonio reinstated — minus six months of back pay, follow-up drug testing and substance-abuse counseling.

The school district has now gone from having a zero tolerance drug policy, to having zero ability to enforce rules on employees using drugs.

Read that again – the union and the courts thought that a school bus driver caught using drugs, should get no more than a slap on the wrist.

Buckle your seatbelts kids…

About the Author :

Rusty Weiss is a freelance journalist focusing on the conservative movement and its political agenda. He has been writing conservatively charged articles for several years in the upstate New York area, and his writings have appeared in the Daily Caller, American Thinker, FoxNews.com, Big Government, the Times Union, and the Troy Record. He is also Editor of one of the top conservative blogs of 2012, the Mental Recession.

25 Comments to “Court Rules School Bus Driver Who Failed Drug Test Should Get Job Back”
  • Steve Khan
    February 13, 2013 - Reply

    Good!

  • Steve Khan
    February 13, 2013 - Reply

    Drug testing is incompatible with LIBERTY

    • Roger S
      February 13, 2013 - Reply

      Driving under the influence of any drug is incompatible with safety.

  • jo
    February 13, 2013 - Reply

    Spoken like a true hippie there Steve Khan. But I disagree. You work for an employer and agree to abide by their rules. You are at LIBERTY to break those rules and the employer is at LIBERTY to fire you if you get caught. Why should you have liberties if your employer doesn’t? Drug testing is only a problem for those that know they won’t pass it. And if you don’t pass it then you have no business driving a school bus full of children.

    • Steve Khan
      February 13, 2013 - Reply

      Drug tests infringe on my personal being, nobody has a right to take my personal fluids and judge me by them DRUG TESTING IS SOCIALIST MEDDLING!!!

      • jo
        February 22, 2013 - Reply

        But you and your bodily fluids have no right to endanger a bus load of children. If you want to smoke dope or crack or whatever it’s called, that’s your right but you don’t then get to call foul when you have violated the terms of your employment by doing so. I agree with you in theory that drug testing is “meddling” as you call it, but it’s not if you knew that it was a possibility when you accepted the job. It’s really a no-brainer. If you don’t want to get fired for failing a drug test, you either turn down the job or don’t do drugs. Or are there special rules for potheads?

    • Steve Khan
      February 13, 2013 - Reply

      That is like saying Stalin has LIBERTY to make rules, you have LIBERTY to ignore them so Stalin has LIBERTY to send you to gulag!! Moron!!

      • jo
        February 22, 2013 - Reply

        Wow, a little paranoid are we?

  • Tony Lancon
    February 13, 2013 - Reply

    This is where nobama’s voter base comes from…PROSECUTE OBAMA!!!

    • syeve
      February 13, 2013 - Reply

      moron

  • Joseph Dias
    February 13, 2013 - Reply

    Liberty is a two way street. If you want the liberty to smoke what you want then the school should be at liberty to fire you for driving under the influence and endangering children. One lone shooter walks into a school and kills 20 plus children, now ask yourself, how many children sit in a school bus? How many potential fatalities should something tragic had happened while she was behind the wheel? No one would have cried out to ban pot because its already illegal. How about school,busses? Nope because that’s not the problem. It’s the operator right? OK then lets apply the same common sense approach.

    • Steve Khan
      February 13, 2013 - Reply

      BANNING POT FOR ACCIDENTS IS LIKE BANNiNG GUNS, FACIST AND COMMIES BAN THINGS AND MONITOR PEOPLE, IT IS INCOMPATIBLE WITH LIBERTY AND FREEDOM

  • Brian Leininger
    February 14, 2013 - Reply

    Bus driver uses drugs, continues to drive the bus, but if it will save just one life, we must ban guns….so who doesn’t care about children now…..welcome to bizarro world.

Leave a reply