Pubdate: Thu,  9 May 2002
Source: Statesman Journal (OR)
Copyright: 2002 Statesman Journal
Contact:  http://www.http://www.statesmanjournal.com//
Details: http://www.mapinc.org/media/427
Author: Associated Press

COURT UPHOLDS DEPUTY'S DISMISSAL FOR DRUG USE

Washington County does not have to reinstate a sheriff's deputy who was 
fired for using marijuana, the Oregon Court of Appeals ruled on Wednesday 
in reversing an arbitrator and a state board.

The court said that Deputy Paul Cuff's dismissal in March 1999 violated his 
union contract but that putting him back in his job would violate public 
policy.

Cuff was fired after a drug test indicated marijuana use, which he 
initially denied but later admitted, the court said.

The Washington County Police Officers' Association appealed, and an 
arbitrator ruled that Cuff should be reinstated because the union contract 
said first-time drug users would be referred to counseling, not disciplined.

The state Employment Appeals Board said the county committed an unfair 
labor practice by not accepting the arbitrator's decision. The county then 
took the case to the Court of Appeals.
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MAP posted-by: Beth