United States District Court, N.D. Ohio, Western Division
Andrew J. Heinze, Plaintiff,
Martin Marietta Magnesia Specialties, LLC, et al., Defendants
G. Carr Sr. U.S. District Judge.
a “Hybrid 301” action against the plaintiff's
former employer, Martin Marietta Magnesia Specialties
(Company) and the union representing its employees, United
Steelworkers Local 12695 (Union). The plaintiff claims that
the Company's decision to fire him after he flunked a
random drug test violated the parties' Collective
Bargaining Agreement (CBA), and that the Union's dropping
of his ensuing grievance violated its duty of fair
is proper under 28 U.S.C. § 1331.
is the Company's motion to dismiss under Fed.R.Civ.P.
12(b)(6). (Doc. 7).
reasons that follow, I grant the motion and dismiss the
complaint with prejudice and without the right to seek leave
December, 2016, the Company notified the plaintiff that it
had, pursuant to the Company's Substance Abuse Policy
(Policy), selected him for a random drug test. On reporting
for the test, the plaintiff admitted that he had recently
used marijuana. The Company immediately suspended him pending
the test results. When the result was positive, the Company
fired the plaintiff on December 16, 2016. When he asked, the
Company told him there was nothing that could be done to
allow him to keep his job.
filed a grievance. After a lapse of several months, during
which the Union had not kept the plaintiff informed of what,
if anything, it was doing with the grievance, the Union
notified him that it was dropping it.
V(A) of the CBA prescribes what happens under the
Company's Policy when an employee flunks a drug test:
The Company's preventive drug and alcohol testing program
will serve as a deterrent to the abuse of illegal drugs
and/or alcohol by employees and as a demonstration of the
Corporation's character to its customers, its employees,
and the public. Selection for testing will be on a non-biased
system and testing will be conducted at unscheduled and
unannounced times. Prior to testing, employees will be
required to complete a consent agreement. All employees in
all positions are included in the preventive drug and alcohol
testing program unless prohibited by state law. The Company
may require a breath analyzer, urinalysis, or other
drug/alcohol testing of an employee.
VII(C) of the CBA states that “[e]mployees testing
positive under this provision are subject to immediate
termination of employment for the first offense without
prevail in this case, plaintiff has to prove both that the
Company breached its obligations under the CBA and that the
Union's decision to drop his grievance was arbitrary,
discriminatory, or in bad fath.
plaintiff's principal contention is that the Company
failed to offer him an alternative consequence for flunking
the drug test, other than on-the-spot suspension and
subsequent termination. But he has pointed and can point to
nothing in the CBA that gives him any right whatsoever to
such an option. Entirely to the contrary, the CBA
unambiguously provides that any ...