Published February 13, 2013
A New York bus driver who was fired after failing a random drug test should be reinstated, the state’s highest court ruled on Tuesday.
The Albany Times Union reports that the Court of Appeals' unanimous ruling supports the conclusion of an arbitrator who determined the firing of Cynthia DiDomenicantonio in November 2009 was too severe a punishment for the 10-year district employee.
DiDomenicantonio, of Clifton Park, declined to comment early Wednesday when reached by FoxNews.com, referring calls to her attorney, Daren Rylewicz. A message seeking comment from Rylewicz was not immediately returned.
The Shenendehowa Central School District had argued that it adopted a zero-tolerance policy for positive drug tests. Rylewicz had countered that such a policy did not exist, the newspaper reports.
The arbitrator, meanwhile, found the dismissal in violation of a collective bargaining agreement and ordered DiDomenicantonio reinstated, minus six months of back pay, and to undergo subsequent drug testing and substance-abuse counseling.