Pot-Puffing Pilot Case Heads To Court

The pot-puffing pilot who lost his job at Horizon Air is headed to court.

Brian Milam was fired by Horizon Air after he failed a random drug screening in 2011. Although the pilot said he smoked marijuana to help ease his back pain, the airline was not sympathetic to his plight.

However, an out-of-court arbitrator overruled the Seattle-based airline’s decision after the firing was challenged by the Airline Professionals Association. Horizon Air is now headed to court in hopes that a US District Judge will overturn the arbitrator’s ruling.

Attorney Mark Hutcheson said the airline claims the pot-puffing pilot flew twice with marijuana in his system. Since they feel he poses a serious risk to their customers, Horizon Air is hoping they won’t have to rehire Milam.

“Horizon is not willing to place an impaired pilot back in the cockpit. Doing so would violate federal law and contravene a well-settled public policy prohibiting a pilot from flying while using drugs, Hutcheson explained.

Airline Professionals Association has declined to speak about the allegations at-length. However, a statement released by the union said representatives supported the arbitrator’s decision regarding Milam’s termination.

“We are happy with the process that led to the arbitrator’s decision in this case and are extremely disappointed with Horizon Air’s decision to file a lawsuit following the outcome,” APA Teamsters Local 1224 President Daniel C. Wells explained.

The pot-puffing pilot stated that the drug test administered by Horizon Air was properly conducted. He also freely admitted to using marijuana. However, Milam stated that he never smoked weed on duty or before a scheduled shift.

Arbitrator Cliff Freed concluded that the airline had fumbled the ball when they fired the pilot after he failed the drug test. Freed explained that the company’s rules state that an employee can remain at work if a substance abuse counselor says it’s okay.

Although Freed ruled that Brian Milam should be allowed to return to work, Horizon Air is hoping a Seattle judge will overturn that decision.

Do you think the pot-puffing pilot should get his job back?

[Images via Wikimedia Commons]