The NLRB says sending a worker for a drug test is the same as disciplinary action and the worker gets to be accompanied by a Union representative. In a recent case, a delivery worker had an workplace accident and, the next day, came to work with glassy, bloodshot eye and “reek[ing] of the smell of marijuana.” The boss demanded that he take a drug test. The worker refused because he could not locate a union steward to accompany him. The company fired him for refusing. The NLRB ruled that the worker had the right to union representation, and that firing him for those circumstances violated his rights to union representation. Therefore, his termination for refusing to take the test also violated his rights under the NLRA. Employers will have to update their drug testing procedures and account for this additional delaying tactic.
Hiring Tips Blog

Drug Test Entitles Workers to Union Rep
Oct 1, 2015 | Pre-employment Drug Testing
Recent Posts
- Cleveland Will Prohibit Salary Inquiries and Require Salary Ranges in Job Postings
- Avoid EEOC Complaints
- The “Gold Standard”
- US Replaces ‘Noncitizen’ with ‘Alien’ in Employment Verification Form of Foreign Workers
- Trump’s Immigration Enforcement Against Employees Has Been Gradual. That May Soon Change.
Categories
- Background Check Compliance (99)
- Background Check Laws (58)
- Background Screening (39)
- Biometric Identification (2)
- Consumer Financial Protection Bureau (1)
- Credit Checks (32)
- Criminal History Check (176)
- Data Protection & Privacy (96)
- E-Verify Issues (74)
- Education Verification (7)
- Educational and Childcare Hiring (28)
- EEOC (48)
- Employer Negligence (36)
- Employment Screening (134)
- Fair Credit Reporting Act (108)
- Featured Posts (1)
- Financial Services Hiring (11)
- Healthcare Hiring (2)
- Hiring Legal Compliance (1)
- Home Services and Repairs Hiring (6)
- Human Resources & Benefits (26)
- Immigration Issues (85)
- IT and Data Security Hiring (10)
- Medical & Pharmaceutical Industry Hiring (9)
- Occupational Fraud (10)
- Pre-employment Drug Testing (182)
- Retail Hiring (14)
- Security Services Hiring (3)
- Social Media (32)
- Transportation Industry Hiring (19)
- Uncategorized (1)
- Wage History Checks (4)