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New York

Court Rules School Bus Driver Who Failed Drug Test Should Get Job Back

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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…

Rusty Weiss

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.

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