Uprc

Petitioner-Appellant Robert Bradford, Jr. (“Bradford”) appeals from the district court’s grant of summary judgment on his challenge to a Public Law Board decision affirming the termination of his employment with a railroad. We have jurisdiction pursuant to 28 U.S.C. § 1291 and, for the reasons stated herein, we affirm.

I. BACKGROUND

Bradford commenced his employment with Union Pacific Railroad Company (“Union Pacific”) in 1979. On December 7, 2007, following procedures discussed herein, Union Pacific fired Bradford due to drug use.

A. The Drug Tests

In July 2006, Union Pacific, where Bradford was employed as a conductor, fired him for failing a mandatory drug test. But in October 2006, after Bradford admitted that he had violated Union Pacific’s drug and alcohol policy (the “Policy”) and agreed to seek treatment, he was allowed to return to service. Bradford’s reinstatement was subject to a Policy provision requiring his dismissal should he violate the Policy again within ten years.

In the early morning of September 4, 2007, Bradford was scheduled to depart on a train from Tucson, Arizona, to El Paso, Texas. Prior to departure, the Federal Railroad Administration…