Third Division Award No. 33609 (Kenis)

"As in any disciplinary case involving insubordination, there must be evidence of a refusal by the employee to obey an order that is within the legitimate scope of management's authority. There is no question, in this Board's view, that the instructions contained in the letter of February 26, 1996 were reasonable and proper given the Claimant's positive drug test results. What we do not know, however, are the circumstances surrounding the Claimant's failed attempt to enroll in the EAP. Without additional evidence, there is no basis to reasonably conclude that the Claimant failed or refused to comply with the Carrier instructions."