I’m stuck dealing with an arbitration case after my union decided not to represent me. It’s all over a drug test result that should’ve been marked negative, but they ignored the fact that I was on prescribed medication (Omeprazole). Now I’m representing myself and wondering if anyone has been through something like this. Any tips or advice?
Wait, they didn’t take your medication into account? That doesn’t sound right. Did they even double-check the results?
Xavi said:
Wait, they didn’t take your medication into account? That doesn’t sound right. Did they even double-check the results?
Nope, they didn’t. I just got my report, and there’s no confirmatory test listed. Plus, my initial result was below the positive threshold.
Xavi said:
Wait, they didn’t take your medication into account? That doesn’t sound right. Did they even double-check the results?
What’s a confirmatory test? I don’t really get what that means here.
@Briar
It’s a more detailed follow-up test to verify if the initial result was correct. Helps rule out mistakes like false positives.
Why wouldn’t the union help you out? Isn’t that kind of their job?
Rowan said:
Why wouldn’t the union help you out? Isn’t that kind of their job?
They claimed DOT rules tied their hands. Only one specific medication can count as a false positive for THC, and mine isn’t it.
Rowan said:
Why wouldn’t the union help you out? Isn’t that kind of their job?
Wait, what’s the one med that qualifies? That seems super restrictive.
Rowan said:
Why wouldn’t the union help you out? Isn’t that kind of their job?
Wait, what’s the one med that qualifies? That seems super restrictive.
It’s a medication for AIDS patients, apparently. Nothing else counts under DOT rules.
If arbitration doesn’t work out, can you still go back to the EEOC?
Sia said:
If arbitration doesn’t work out, can you still go back to the EEOC?
That’s what I’m hoping for. I’ve been told arbitration could reopen a window for me to file a new case.
Sia said:
If arbitration doesn’t work out, can you still go back to the EEOC?
Makes sense. Keep every piece of evidence handy, especially anything showing how the union messed up.
Wow, $7-15k is insane. Have you asked for an itemized invoice to see what you’re paying for?
Cameron said:
Wow, $7-15k is insane. Have you asked for an itemized invoice to see what you’re paying for?
Yeah, I emailed the arbitrator about it. Still waiting for details, but just the court reporter’s fee is $2800 alone.
What happened with that professor who offered to testify for you? That sounds like a huge missed opportunity.
Shiloh said:
What happened with that professor who offered to testify for you? That sounds like a huge missed opportunity.
No idea. The union didn’t use them and didn’t explain why. Honestly feels like they were covering their own mistakes.