Pubdate: Fri, 30 Dec 2005 Source: Surrey Leader (CN BC) Copyright: 2005 Surrey Leader Contact: http://www.surreyleader.com/ Details: http://www.mapinc.org/media/1236 Author: Jeff Nagel Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) ONE OF TWO BUS DRIVERS FOUND WITH JOINT GETS HIS JOB BACK May Not Have Intended To Smoke Pot: Arbitrator One of two bus drivers fired after being suspected of smoking marijuana on their way to work is back on the job following an arbitrator's ruling that he may not have intended to get stoned. Gurmukh Gill was a passenger in a car driven by another Coast Mountain Bus Co. driver who RCMP said appeared to pass Gill a joint before they were pulled over on May 15 while westbound for the Port Mann Bridge. Asked by the officer what he was smoking, driver Manny Sunga said "just a bit of pot" before surrendering a film canister half full of marijuana. He was given a 24-hour roadside suspension and his car was towed. The bus company, which has a zero tolerance policy for alcohol and drug use in the workplace, concluded both driver's actions were unacceptable and fired them. The two uniformed bus drivers, both of Abbotsford, said only Sunga had smoked marijuana ?" not Gill ?" and that Sunga intended to take the day off because of child care commitments. Gill, who offered to be tested to prove his innocence, testified he never touched the joint. Arbitrator Ron Keras also heard testimony that plans were still being made to get Gill to work until the RCMP officer noted the "hot box effect" of being in the pot-infused car could leave Gill impaired without smoking himself. "If the car had not been seized, he would have continued to work to drive a bus after being in a confined space with someone smoking marijuana," Keras ruled, finding that "very troubling." But it was impossible to determine conclusively that Gill smoked marijuana and that he intended to do so, he said. Because it was a first known incident for Gill, who had an unblemished four-year record, Keras found he should be reinstated and the seven months he spent out of work should be counted as a disciplinary suspension. Sunga's termination is being grieved. - --- MAP posted-by: Larry Seguin