United States Fourth Circuit

The NLRB must assess whether an employee eligible for backpay would have been terminated in due course had the employer not terminated him unlawfully, so evidence regarding the employer's drug testing policy may be relevant to the proceedings.

Appellate Information

• Argued 05/08/2001
• Decided 07/25/2001
• Published 07/25/2001

Judges

• Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Scott Matthew Wich, Clifton, Budd & Demaria, L.L.P., New York, NY, for Pepsi.  William M. Bernstein, National Labor Relations Board, Washington, DC, for Board. ON BRIEF:  Thomas W. Budd, Clifton, Budd & Demaria, L.L.P., New York, NY, for Pepsi.  Leonard R. Page, Acting General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, National Labor Relations Board, Washington, DC, for Board.