A federal judge in Seattle upheld an arbitration order requiring Alaska Air Group, Inc.’s ALK Alaska Airlines to rehire an aircraft maintenance technician who was fired after testing positive for cannabis in July 2022.

The court’s decision reflects the growing tension between state and federal laws, especially in states where marijuana use is legal.

Union Wins Reinstatement Via Arbitration

The technician, Gregory Chappell, was terminated following a random drug test that detected THC levels above the permissible limit. Chappell contested the results, suggesting inadvertent consumption of an infused edible at a local block party. Despite his explanation, Alaska Airlines enforced its zero-tolerance drug policy without investigating his claims.

Chappell’s union, the Aircraft Mechanics Fraternal Association (AMFA), challenged the firing through arbitration and secured his reinstatement last year. Nevertheless, Alaska Airlines contested the arbitration panel’s decision, filing a lawsuit in federal court to reverse the reinstatement, citing safety concerns and questioning the credibility of Chappell’s defense.

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Court Rejects Alaska Airlines’ Appeal

However, U.S. District Judge John H. Chun affirmed the arbitration board’s decision, stating that the board acted within its jurisdiction. He noted that Alaska Airlines provided “no authority suggesting that the board’s remedy was unfair.”

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The judge also awarded the union attorneys’ fees and costs, and remanded the issue of Chappell’s entitlement to back pay and benefits to the arbitration board, noting that the board did not account for the delay caused by the airline’s noncompliance.

Increased Cannabis Use Spurs Need For New Protections

Attorney Lee Seham, representing AMFA, welcomed the ruling, emphasizing the case as a reflection of the evolving legal landscape of cannabis. “Marijuana is everywhere. And it can be eaten at a potluck supper, innocently, and without physiological impact, and thereafter destroy a career,” Seham told Marijuana Moment. He highlighted the need to protect individuals who may inadvertently consume cannabis in an era where it is more prevalent due to the advances in legalization.

Dr. Karlene Petitt, an aviation safety expert with a 42-year career of flying, commented in her recent blog post, stating, “This is a huge win for airline employees everywhere.” She criticized Alaska Airlines’ handling of the situation and underscored the importance of honoring arbitration decisions.

As cannabis legalization expands across states, federally regulated industries like aviation face unique challenges in balancing safety concerns with changing societal norms.

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