Bound by his oath to enforce the law fairly and in a

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bound by his oath to enforce the law fairly and in a nondiscriminatory manner, and he would be subject to the same civil and criminal liabilities as any other public officer if he failed to do so. The majority reasons that the public policy of nondiscriminatory law enforcement “incorporates, and depends upon, the public’s reasonable perception that the laws are being enforced without discrimination.” It then accepts the State Patrol’s argument that a law enforcement officer with Henderson's affiliations “ ‘breeds distrust, fear, and apprehension among members of the public [and] raises concerns among the public that his employer and fellow officers may harbor similar beliefs.’ ” Were we deciding this issue in the first instance, I would agree. But our review requires that we give deference to the findings of the arbitrator, and the conclusion reached by the majority necessarily rejects the arbitrator's specific finding that Henderson’s past affiliation had not and would not impair the mission of the State Patrol. By defining public policy so broadly as to incorporate public perception of possible future harm, the majority has simply upheld the State Patrol's initial determination that Henderson’s affiliation with the Knights Party reflected negatively on the State Patrol and brought the Patrol into disrepute. While this may seem perfectly logical, it necessarily repudiates the arbitrator's findings that Henderson's personal affiliations and beliefs, however reprehensible, have not affected his ability or that of the State Patrol to fairly and impartially enforce the law. Reasoning similar to that of the majority in this case was explicitly rejected by the Supreme Court in United Paperworkers v. Misco, Inc. That case involved a machine operator who was apprehended in the back seat of a car that was parked on the employer’s premises. There was marijuana smoke in the vehicle and a lighted marijuana cigarette in the front seat ashtray. The employee did not own the car. The employee was discharged for violating rules prohibiting the possession of drugs on company premises, and the matter was submitted to arbitration. The arbitrator determined that there was no proof that the employee had actually possessed marijuana on company property and, thus, that there was no just cause for the discharge. The arbitrator ruled the employee was entitled to reinstatement with full seniority and backpay. A federal district court refused to enforce the award on public policy grounds, and an appeals court affirmed, concluding that reinstatement would violate the public policy against operation of dangerous machinery by persons under the influence of drugs or alcohol. The Supreme Court determined that while this judgment was “firmly rooted in common sense,” it did not justify refusal to enforce the award. The Court held that the appeals court had improperly drawn inferences from the facts, and it stressed that whether the employee “had ever been or would be under the influence of marijuana while he was on the job and operating dangerous machinery is an exercise in factfinding” which was the arbitrator's function, not the appellate court's. The
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