Right to Union Representation Applies to Employer Referrals for Drug/Alcohol Tests NLRB Rules

The National Labor Relations Board, in its July 31, 2014 decision in Ralph’s Grocery Co., 361 N.L.R.B. No. 9 (2014), ruled that so-called “Weingarten rights” – the general right of a unionized employee to request union representation in connection with an investigatory interview that could lead to discipline – apply when employees request representation after an employer refers them for a workplace drug/alcohol test. Based on this ruling, the Board overturned an employee’s suspension and discharge, finding the actions were inextricably linked to the employee’s request for representation after referral for a drug test, and ordered a make-whole remedy.