NRLB Rules Required Drug and Alcohol Test Triggers "Weingarten" Rights

The National Labor Relations Board (NLRB) has ruled that Ralphs Grocery Company violated Section 8(a)(1) of the National Labor Relations Act (NLRA) by suspending and then terminating Vittorio Razi for his refusal to take a drug and alcohol test without union representation. The Board ruled that the reason for Razi's termination was "inextricably linked to his assertion of Weingarten rights."  Razi refused to take the test because he wanted to consult with a union representative beforehand. Razi asked for representation and he attempted—unsuccessfully—to contact a representative by phone. Rather than wait to see if a representative would become available, Ralphs terminated Razi. Ralphs argued that Razi's refusal to take the drug and alcohol test was grounds for discipline because it constituted insubordination. However, the Board held this was "not a valid defense" because the drug and alcohol test triggered Razi's right to a Weingarten representative. According to the Board, since Razi's refusal to submit to the test without the presence of a union representative was an exercise of his Weingarten rights, his refusal could not lawfully be used against him.