Stewart v. Duke Manufacturing Co.

Introduction

Appellant, Duke Manufacturing Co., appeals the judgment of the Labor and Industrial Relations Commission (Commission) regarding their decision that Orlando Stewart (Claimant) was not disqualified from receiving unemployment benefits. We reverse.

Factual and Procedural Background

On 19 August 2007 Claimant began employment at Duke Manufacturing. Prior to Claimant’s employment Duke Manufacturing adopted a drug and alcohol policy which prohibits its employees from being present on company property with detectable levels or identifiable quantities of certain drugs, including cocaine.…