The grievor had violated his last chance agreement and been terminated. The union argued that this constituted a failure to accommodate him. The arbitrator ruled that last chance agreements were bona fide occupational requirements and deserved deferrence.
A worker with a history of substance abuse problems was terminated when he failed to comply with his last chance agreement. The union grieved, arguing that the termination violated the employer’s duty to accommodate the worker’s disability to the point of undue hardship.
