ONE OF TWO BUS DRIVERS FOUND WITH JOINT GETS HIS JOB BACK

May Not Have Intended To Smoke Pot: Arbitrator

One of two bus drivers fired after being suspected of smoking
marijuana on their way to work is back on the job following an
arbitrator's ruling that he may not have intended to get stoned.

Gurmukh Gill was a passenger in a car driven by another Coast Mountain
Bus Co. driver who RCMP said appeared to pass Gill a joint before they
were pulled over on May 15 while westbound for the Port Mann Bridge.

Asked by the officer what he was smoking, driver Manny Sunga said
"just a bit of pot" before surrendering a film canister half full of
marijuana. He was given a 24-hour roadside suspension and his car was
towed.

The bus company, which has a zero tolerance policy for alcohol and
drug use in the workplace, concluded both driver's actions were
unacceptable and fired them.

The two uniformed bus drivers, both of Abbotsford, said only Sunga had
smoked marijuana ?" not Gill ?" and that Sunga intended to take the
day off because of child care commitments.

Gill, who offered to be tested to prove his innocence, testified he
never touched the joint.

Arbitrator Ron Keras also heard testimony that plans were still being
made to get Gill to work until the RCMP officer noted the "hot box
effect" of being in the pot-infused car could leave Gill impaired
without smoking himself.

"If the car had not been seized, he would have continued to work to
drive a bus after being in a confined space with someone smoking
marijuana," Keras ruled, finding that "very troubling."

But it was impossible to determine conclusively that Gill smoked
marijuana and that he intended to do so, he said. Because it was a
first known incident for Gill, who had an unblemished four-year
record, Keras found he should be reinstated and the seven months he
spent out of work should be counted as a disciplinary suspension.

Sunga's termination is being grieved.