ROGUE OF THE WEEK 9/10/2003

[September 10th, 2003] Let's just clear something up: The Rogue Desk does not condone the use of illegal drugs. They're too expensive, and they cloud our ever-searching gaze. We do believe, though, that anyone shrewd enough to convince the government to provide him with marijuana deserves
to light up under the full protection of Johnny Law. Unfortunately, the roguish folks at Freightliner
disagree.

Meet John Thomas, a motorcycle riding, big-ol'-truck building, solid American citizen who happens to smoke pot. Every day.

"I've smoked pot for 20 years," boasts Thomas, who worked at Freightliner for nine years until he was terminated last December. Thomas' habit went legal in October 2002, when his doctor placed a medical-marijuana card in his eager palm. Aspirin and other painkillers failed Thomas, who had a daily host of aches and pains: He dislocated his right knee three times and his left twice, including once when pinned under a giant steel pipe at a plant; he dislocated his shoulder skiing; he walked off a set of steps as a soldier in Korea when drunk and shattered his right elbow; plus, he has chronic whiplash, "from headbanging."

When Thomas showed Freightliner's nurse his card, she gave him a thumbs-up--as long as he punched in sober every morning. But the company insisted that Thomas take a drug test, which--big surprise--came up positive. He got the ax shortly thereafter.

Thomas' union, Teamsters Local 305, filed a grievance against Freightliner, claiming that the company's policies don't prohibit employees from using legal drugs. "They wouldn't be putting someone on Vicodin through this bullshit," Thomas says.

The two parties agreed to arbitration. On Aug. 8, arbitrator Carlton Snow decided in Thomas' favor, granting him $45,000 in back pay and lost benefits--plus full reinstatement.

"While the wisdom of state legislators might reasonably be questioned, the grievant acted in accordance with state law," Snow wrote.

Ganja-hating knaves that they are, Freightliner has refused to pay or reinstate Thomas and has instead filed suit in federal court to block the arbiter's decision. Freightliner spokesman Chris Brandt told WW that the company doesn't comment on pending litigation.