Drug Test, random, dismissal, refusal, unemployment insurance, work-related misconduct.

John Bozarth appeals a decision of the Appeals Tribunal of the Employment Security Division that up holds his dismissal and awards attorney's fees payable to the defendant/employer. Bozarth claimed his dismissal was retaliation for "whistle blowing" concerning the company's safety record, not his refusal to submit to drug testing. Bozarth's appeal claims that the award for attorney fees is excessive and for work not needed.

The Appeals Tribunal of the Employment Security Division ruled that Bozarth failed to prove his dismissal was retaliation for "whistle blowing". The Appeals Tribunal ruled that his dismissal was justified and awarded attorney's fees to the defendant/employer.

Bozarth loses. The Supreme Court of Alaska rules in favor of the employer/defendant. The court affirms the dismissal based on refusal to submit to drug testing and finds that the attorneys fees awarded are just.