American Federation of Labor & Congress of Industrial Organizations v. Unemployment Insurance Appeals Board
Opinion
Opinion
Stone, J.
Was a worker on an offshore oil drilling platform who was discharged for refusing to submit to a urinalysis drug test discharged for “misconduct connected with his or her most recent work” and thus ineligible for unemployment compensation benefits? (Unemp. Ins. Code, § 1256.) We hold that he was. We affirm the trial court’s judgment denying declaratory relief to the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) which brought an action pursuant to section 409.2 to obtain a judicial declaration of the validity of the 1990 California Unemployment Insurance Appeals Board (CUIAB) precedent benefit decision, In the Matter of David Hayes (1990) Cal. Unemp. Ins. App. Bd. Precedent Benefit Dec. No. P-B-470.
Facts
The facts set forth in the precedent benefit decision are as follows: David Hayes was employed as a housekeeper for SHRM Catering Services, Inc. (SHRM) which maintained living quarters for oil drill workers on offshore drilling platforms. His work hours were generally 7 a.m. to 7 p.m., for 14 days straight with 7 days’ shore leave before returning for another 14-day shift. Hayes lived on the oil platform while working.