Found an issue on this page? Let us know and we will look into it as soon as possible.
A union has filed for unfair labor practices against an employer. Can the employee hire a private attorney to do the same?
Anonymous1 views1 answers
Employee was ordered by a supervisor to support a confrontation with an alleged shoplifter. Employee was injured when attacked by the alleged shoplifter. Employee, who lives in a state where it is not against the law to use marijuana, was asked to take a drug test after receiving medical treatment at a hospital or clinic for his injuries. The union rep asked the employee to take the test the next day, knowing the employee had marijuana in his system. The employee did not miss any work time but was fired by the company when the test results came in.
An individual can file an unfair labor practice charge (ULP) with the National Labor Relations Board within six months of the event that caused the harm. However, a ULP is for a violation of the National Labor Relations Act, not for a violation of the contract between the employer and the union.
An employer does not have to allow employees to work with marijuana metabolites in his or her system, just as an employer does not have to allow an employee to work who was up drinking the night before. Just because it is legal to do something doesn't mean the employer has to allow that "something" or its effects while on the job.
I question why a drug test was relevant when the employee was the victim of the attack. Perhaps the collective bargaining agreement (contract) allows this and your union had no choice. Talk to your union about it.
It sounds like you ended up losing your job for doing what your employer asked you to do. That is very unfortunate and I'm sorry to hear this happened.
