NLRB: No Drug Test If No Union Rep Present

A recent National Labor Relations Board decision confirmed that if an employee requests the presence of a union representative during a “reasonable suspicion” drug test, the request must be honored, even if it requires postponing the test. A post from Ogletree Deakins explains the dilemma that can create for employers, and provides some advice on how to address it. The writers also note that the NLRB in this case, Manhattan Beer Distributors, LLC and Joe Garcia Diaz, does give the employer another option that in some circumstances it makes sense to pursue: forget the test, and impose disciplinary action without it.