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DEPARTMENT OF AIR FORCE v. SWIDER

No. 910069-CA.

824 P.2d 448 (1991)

DEPARTMENT OF the AIR FORCE, Petitioner, v. Robert J. SWIDER and Department of Employment Security, Respondents.

Court of Appeals of Utah.

December 6, 1991.

Attorney(s) appearing for the Case

Dee V. Benson, Robert H. Wilde and Clare A. Jones, Midvale, for petitioner.

R. Paul Van Dam and Emma R. Thomas, Salt Lake City, for respondents.

Before JACKSON, ORME and RUSSON, JJ.

ORME, Judge:

Petitioner, the United States Air Force, challenges a decision of the Board of Review of the Industrial Commission granting unemployment benefits to an Air Force employee terminated for drug use. We affirm.

FACTS

In 1986, the United States Air Force adopted a "zero tolerance" anti-drug policy for its workforce, and informed employees they could be discharged for possessing or using illegal drugs on base, or working under the effects...

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