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

The National Labor Relations Board (“Board”), in its July 31, 2014 decision in Ralph’s Grocery Co., 361 NLRB 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 and 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.