Extract
Pennsylvania Power Co., 1104 (1991)
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
301 NLRB No. 138Pennsylvania Power and Light Company and Local 1600, International Brotherhood of Electrical Workers, AFL-CIO. Case 4-CA-16213FEBRUARY 28, 1991DECISION AND ORDER*BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND OVIATTOn January 21, 1988, Administrative Law Judge Walter H. Maloney issued the attached decision. The Respondent, the General Counsel, and the Charging Party filed exceptions, supporting briefs, and reply briefs.The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings,\1\ findings, and conclusions only to the extent consistent with this Decision and Order.\2\ ---------------------------------------------------------------------------\1\The judge failed to rule on the Charging Party's motion to reopen the record but relied on the evidence it sought to introduce in his decision. We find sufficient record evidence to support his decision and find the error harmless, however.\2\The General Counsel's request for a visitatorial clause is denied as unnecessary. Cherokee Marine Terminal, 287 NLRB 1080 (1988). ---------------------------------------------------------------------------A. FACTSThe Respondent is a large public utility employing approximately 5000 bargaining unit employees. The collective-bargaining agreement between the parties includes grievance and arbitration provisions. In January 1984, the Respondent implemented a drug and alcohol policy\3\ which prohibits, inter alia, the use, sale, or possession of drugs on company property by employees and prohibits drug use during off-hours if that use impairs on-the-job performance. Pursuant to this policy an employee may be sent to a physician for blood and urine testing if there is a ``suspicion'' that he is under the influence of drugs. If an employee refuses to see the physician or to be tested, he is sent home and suspended; if the employee does not cooperate with a medical evaluation following testing, he will usually be terminated. ---------------------------------------------------------------------------\3\It is unclear from ...See the full content of this document
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