State of Connecticut v. Connecticut Employees Union Independent

Summary

Justice Espinosa concurred in the judgment reversing the trial court and confirming an arbitration award reinstating a state employee who deliberately possessed and used marijuana at work. She concluded that existing precedent compelled that result but criticized the governing framework as too rigid and deferential, proposing a more flexible review that gives greater weight to the public message conveyed by reinstatement. Justice Espinosa, concurring, would have modified the framework for reviewing arbitration awards challenged as contrary to public policy.