Kysor/cadillac, an Operating Division of Kysor Industrialcorporation, Petitioner/cross-respondent, v. National Labor Relations Board, Respondent/cross-petitioner, 9 F.3d 108 (6th Cir. 1993)

Petitioner/Cross-Respondent Kysor/Cadillac ("Kysor"), an operating division of Kysor Industrial Corporation, petitions for review of an Order of the National Labor Relations Board ("NLRB") (No. 92-6111). Respondent/Cross-Petitioner NLRB seeks enforcement of the Order (No. 92-6223). At issue is whether Kysor violated Sections 8(a) (1) and (5) of the National Labor Relations Act, 29 U.S.C. §§ 158(a) (1), (5) (1988), by implementing a drug-testing policy and, pursuant to that policy, terminating the employment of two individuals. The NLRB found that Kysor violated these provisions.

Upon thorough review of the record, we find adequate support for the NLRB's finding and no errors of law material to the disposition of this case. Accordingly, Kysor's petition is DENIED and the NLRB's cross-petition for enforcement is GRANTED.