Facts

In May 2011, Ralphs Grocery Co. suspended and terminated an employee, Vittorio Razi, who worked at a Ralphs store in Irvine and was a member of United Food and Commercial Workers Union Local 324, because Razi declined to take a drug test without discussing it with his union representative first. Razi filed a grievance with the Union, contesting his suspension. Local 324 then filed a charge with the National Labor Relations Board, alleging violations of the National Labor Relations Act.

PLAINTIFF'S CONTENTIONS:
The charge alleged that Razi had the right to confer with his union before taking the drug test, and Ralphs violated the law by refusing to let him do so and by firing him.

DEFENDANT'S CONTENTIONS:
Ralphs denied all of the allegations.

Result

The administrative law judge ordered Ralphs to cease and desist from requiring its employees to immediately submit to a drug test notwithstanding their request to consult with a union representative before. The judge also ordered Ralphs to stop suspending or discharging employees because of their refusal. The judge also ordered Ralphs to make Razi whole for any back pay and loss of earnings.