Timing is critical for employers who suspect drug or alcohol use of one of its employees. But in the case of Manhattan Beer Distributors LLC v. National Labor Relations Board, a federal court upheld the decision of the NLRB that an employer violated Section 8(a)(1) of the National Labor Relations Act. The Court stated that the NLRB’s decision was supported by substantial evidence that an employee was unlawfully discharged after refusing to submit to drug testing without the presence of a union representative.

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