Seyfarth Synopsis: In Circus Circus
Casinos Inc. v. NLRB, No. 18-1201 (June 12, 2020), the US Court
of Appeals for the DC Circuit denied the National Labor Relations
Board's cross-application for enforcement of its decision,
where the Court found, among other things, that the Board had
"significantly alter[ed] the test for valid Weingarten
requests to cover the facts of this case."
The employee was a journeyman carpenter represented by the
United Brotherhood of Carpenters and Joiners of America
("Union"). During a safety meeting, the employee and
others raised concerns that secondhand exposure to marijuana smoke
in guest rooms could cause employees to test positive for illegal
drugs. Several weeks later, the casino initiated an investigation
into whether the employee violated company policy with respect to a
medical exam mandated by the Occupational Safety and Health
Administration. The employee refused to submit to the examination,
which the casino considered a
