Waechter v. Aluminum Co. of America

454 N.W.2d 565, 1990 Iowa Sup. LEXIS 76, 1990 WL 48889
CourtSupreme Court of Iowa
DecidedApril 18, 1990
Docket89-562
StatusPublished
Cited by24 cases

This text of 454 N.W.2d 565 (Waechter v. Aluminum Co. of America) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Waechter v. Aluminum Co. of America, 454 N.W.2d 565, 1990 Iowa Sup. LEXIS 76, 1990 WL 48889 (iowa 1990).

Opinion

LAVORATO, Justice.

The decisive issue here is whether an employee and an employer reached an agreement that settled the employee’s claim against the employer for allegedly violating Iowa’s employee drug testing law. The district court thought so. We do too, and affirm.

Anne Waechter is an employee at the ALCOA plant in Bettendorf. She has worked there since 1980.

On December 3 Waechter was working the 11 p.m. to 7 a.m. shift. That evening she was assigned to drive a Sky Giant fork lift in the hot mill department. These fork lifts are used to haul hot and cold ingots of metal. A fully loaded fork lift weighs approximately 134,000 pounds.

At about 11:30 that evening an employee told Jack Davidson, Waechter’s supervisor, that Waechter was driving a “tagged out” vehicle. A “tag out” is a safety procedure ALCOA uses to denote a faulty or dangerous piece of equipment. Once such a piece of equipment is discovered, a tag describing the problem is placed on it.

ALCOA has a safety rule against employees using tagged out equipment. *566 Usually supervisors place these tags on the equipment. The tags can only be removed by employees of the repair department.

Davidson stopped Waechter and asked if the Sky Giant she was driving had been tagged out. Waechter said that it had and admitted she had removed the tag. The Sky Giant had been tagged out because of a leak in the hydraulic brake system. Davidson ordered Waechter to replace the tag and get another Sky Giant.

After Waechter switched vehicles, Davidson noticed that she was not wearing a hard hat. Another ALCOA safety rule requires all plant employees to wear hard hats. When Davidson questioned Wae-chter about this, she told him that she had left her hard hat in the tagged out Sky Giant. Davidson then ordered her to get the hat immediately.

Davidson next saw Waechter in the break room and noticed that she still was not wearing her hard hat. About this time another employee complained to Davidson about Waechter’s driving. The employee claimed that Waechter had been driving the loaded Sky Giant too fast and that she had gone through stoplights.

Davidson called Waechter out of the break room and asked her about her hard hat. When Waechter told Davidson that the hat was still on the tagged out Sky Giant, he drove her to the vehicle to get it. As the two were riding in Davidson’s truck, he smelled alcohol on Waechter's breath. When Davidson questioned her about it, Waechter admitted that she had been celebrating her birthday before work.

Waechter told Davidson that she had her last drink at 8 p.m. Waechter insisted she was fine and to prove her point volunteered to take an alcohol test.

Davidson then ordered Waechter not to drive the Sky Giant. Nevertheless, Wae-chter disobeyed the order and drove the vehicle back to the break room. Because of this last act of defiance, Davidson went to his supervisor, Randy Webber. Webber instructed Davidson to take Waechter to the nurse’s station for an alcohol test. Webber suggested the test primarily because Waechter volunteered to take it.

When Davidson and Waechter got to the nurse’s station, Waechter immediately asked for the presence of a union steward. After the steward arrived, Patty Cahill, a registered nurse, began administering the tests. First, Cahill had Waechter perform some field sobriety tests. Waechter barely passed them.

Cahill then administered a breathalyzer test, which registered .145. In Iowa .1 indicates intoxication for purposes of our drunk driving statute. See Iowa Code § 321J.2(l)(a).

Cahill next performed a urinalysis, which showed a high level of alcohol in Wae-chter’s system. As a result of these tests, Cahill decided that Waechter was too intoxicated to continue working or to drive home. So Cahill had one of ALCOA’s guards drive Waechter home.

Before Waechter left work, she was told to call the plant the next morning. Wae-chter did so and spoke with Dave Sellers, the secretary-clerk for the hot mill department. Sellers told Waechter that she was suspended for three days pending further action.

John Vasquez, the Industrial Relations and Training Superintendent for ALCOA, conducted an immediate investigation about the circumstances leading to Wae-chter’s three-day suspension. The hot mill department gave Vasquez a full report which included the tag out violation, the hard hat violation, the insubordination for failing to follow orders, and the intoxication. Vasquez concluded the three-day suspension was proper.

After this investigation, Vasquez met with Richard Kluger, the first vice president of Waechter’s union, arid Waechter. Vasquez reported to them about his investigation and listened to Waechter’s version of what happened.

After this meeting, Vasquez met with Bob Hauptman, the superintendent of the hot mill department, to discuss the appropriate disciplinary sanctions. The two reviewed all the events leading up to Wae-chter’s suspension. Both agreed that se *567 vere disciplinary action was needed. Hauptman recommended dismissal, but Vasquez was in favor of a significant suspension. After Vasquez met with Haupt-man, ALCOA decided to discharge Wae-chter. At the end of her three-day suspension, Waechter again spoke with Sellers, who then informed her of her dismissal.

When Waechter learned of her discharge, she met with union officials and a union lawyer. The union lawyer told Wae-chter that she might have a claim against ALCOA under Iowa Code section 730.5, Iowa’s employee drug testing law.

According to section 730.5 an employer cannot require an employee to submit to “a drug test as a condition of employment, preemployment, promotion, or change in status of employment.” Iowa Code § 730.5(2) (Supp.1987). In addition, Iowa’s law prohibits “random or blanket drug testing of employees.” Id. The law does permit the drug testing of a specific employee, but only if several conditions are met. See id. at § 730.5(3)(a)-(f). The employer can require a drug test if “the employer has probable cause to believe that the employee’s faculties are impaired on the job.” Id. at § 730.5(3)(a). The employer, however, cannot discipline the employee the first time such a test indicates the presence of alcohol or a controlled substance if the employee undergoes substance abuse evaluation and treatment if necessary. Id. at § 730.5(3)(f).

The law provides several remedies for employees when their rights are violated. The employee may bring a civil action against the employer seeking, among other things, reinstatement, back pay, attorney fees, and court costs. Id. at § 730.5(9)(a). In addition, the aggrieved employee may apply for injunctive relief prohibiting the employer from continuing its illegal drug testing. Id. at § 730.5(9)(b).

Relying on the union lawyer’s advice, Waechter filed a grievance under the union’s collective bargaining agreement with ALCOA. Waechter’s grievance was in two parts.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Brian and Lisa Terry v. Megan Dorothy
Court of Appeals of Iowa, 2020
Lucas Woods v. Charles Gabus Ford, Inc.
Court of Appeals of Iowa, 2020
Beverly Gardiner Nance v. Iowa Department of Revenue
908 N.W.2d 261 (Supreme Court of Iowa, 2018)
Kathryn Winger and Timothy Potts v. Cm Holdings, L.L.C.
881 N.W.2d 433 (Supreme Court of Iowa, 2016)
Great Lakes Communication Corp. v. AT&T Corp.
124 F. Supp. 3d 824 (N.D. Iowa, 2015)
Avnet, Inc. v. Catalyst Resource Group, LLC
791 F.3d 899 (Eighth Circuit, 2015)
Westlake Investment, LLC v. MLP Management, LLC
842 F. Supp. 2d 1119 (S.D. Iowa, 2012)
Mark Peak v. Ellis Adams and Rachel Adams
799 N.W.2d 535 (Supreme Court of Iowa, 2011)
Rick v. Sprague
706 N.W.2d 717 (Supreme Court of Iowa, 2005)
Mid-America Real Estate Co. v. Iowa Realty Co.
385 F. Supp. 2d 828 (S.D. Iowa, 2005)
City of Dubuque v. Iowa Trust
587 N.W.2d 216 (Supreme Court of Iowa, 1998)
Gustafson v. Fogleman
551 N.W.2d 312 (Supreme Court of Iowa, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
454 N.W.2d 565, 1990 Iowa Sup. LEXIS 76, 1990 WL 48889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waechter-v-aluminum-co-of-america-iowa-1990.