Alcohol testing, arbitration, evidence, reasonable suspicion, policy and procedure, union issues.

The union representing employees at the Bacardi Corporation appeal an arbitrator's decision to uphold the dismissal of a worker for consuming alcohol on company property. A company official ordered the employee to submit to a alcohol test after he detected a strong smell of alcohol on the employee's breath. The employee posted a positive result for alcohol and was dismissed. The union contested the dismissal, arguing the company unilaterally initiated a testing policy. The issue was submitted for arbitration.

An arbitrator ruled the employee was dismissed for just cause. The arbitrator ruled the existing agreement between the union and the company did not prohibit drug and alcohol testing. Therefore, company officials could implement a testing program. The union now appeals.

The union loses. The U.S. District Court for the District of Puerto Rico affirmed the arbitrator's ruling. The court ruled that the company acted within the terms of its existing collective bargaining agreement with the union and concluded that the alcohol testing procedure was a reasonable measure to combat substance abuse in the workplace.