The 9th Circuit on March 13 revived claims that corruption led an arbitration panel to fire a railroad conductor for allegedly drinking on the job.
Richard Kite, a 27-year employee of the BNSF Railway Co., was fired in 2005 after being cited twice in 10 years for reporting to work under the influence of alcohol. Kite and the United Transportation Union appealed the dismissal internally. Kite claimed that he had been drinking the night before he took the breathalyzer test that got him fired, but was not under the influence when he arrived at work.
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