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BUTLER v. REVIEW BD. OF IND. DEPT. OF EMP. & TRAINING SERV.

No. 93A02-9307-EX-360.

633 N.E.2d 310 (1994)

Richard L. BUTLER, Appellant (Claimant below), v. REVIEW BOARD OF THE INDIANA DEPARTMENT OF EMPLOYMENT AND TRAINING SERVICES, Mable Martin-Scott, Chairperson, George H. Baker, Member, and Mark T. Robbins, Member and Cardinal Communications, Appellee (Employer below).

Court of Appeals of Indiana, Fourth District.

April 27, 1994.

Attorney(s) appearing for the Case

Thomas M. Frohman, Jamie Andree, Legal Services Organization of Indiana, Bloomington, for appellant.

Pamela Carter, Atty. Gen., Preston W. Black, Deputy Atty. Gen., Indianapolis, for appellee.

MILLER, Judge.

Cardinal Communications, Inc., pursuant to its policy allowing it to require employees who appear impaired to submit to drug and/or alcohol testing, fired employee Richard Butler after he appeared to be intoxicated at work and refused to submit to a blood alcohol test. Butler applied for unemployment benefits which were denied. The Review Board concluded that, inter alia, Butler knowingly violated a reasonable and uniformly enforced rule and...

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