Breithaupt v. Employment Appeal Board

OXBERGER, Chief Judge.

The Employment Appeal Board appeals a district court decision reversing a ruling by the board. The board claims the district court erred in reversing its finding that petitioner had been discharged for misconduct. We affirm the decision of the district court.

Petitioner Richard L. Breithaupt was employed by Frommelt Industries, Inc. From-melt had a company policy which provided that if an employee were suspected of having alcohol in his system he would be required to have a blood alcohol test. If the test was positive, the employee would be required to have a substance…