Reinstatement of a Discharged Police Officer by An Arbitrator
In Washington County Police Officers' Ass'n v. Washington County, 335 Or. 198, 63 P.3d 1167 (2003), the Oregon Supreme Court held that an arbitrator's reinstatement of a discharged police officer did not violate public policy even though the officer was terminated because he illegally purchased and used small amounts of marijuana while he was off duty.
The court explained that, although there was "a public policy prohibiting illegal drug use by employees holding safety-sensitive positions," (Washington County, 335 Or. at 203, 63 P.3d at 1169), there was no case law or statute that embodied "a clearly defined public policy that would preclude the employee's reinstatement" (Washington County, 335 Or. at 207, 63 P.3d at 1172).