No. WD 56260 Filed: May 18, 1999 APPEAL FROM THE CIRCUIT COURT OF COLE COUNTY THE HONORABLE BYRON L. KINDER, J. Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Hugh L. Marshall, Asst. Atty. Gen., Kansas City, for Appellant. John L. Patton, Columbia, for Respondent. Before Presiding Judge Laura Denvir Stith, Judge Harold L. Lowenstein, and Judge Albert A. Riederer LAURA DENVIR STITH, Judge. Appellant, Stephen Reeves, the Superintendent and Appointing Authority of Fulton State Hospital (the Hospital)
No. 78-1358. August 13, 1980. Edward B. Mitchell, Brian K. Porter, Daniel G. Rosenthal, Smith Schnacke, Cincinnati, Ohio, for petitioner. Elliott Moore, Allison Brown, Jr., Deputy Associate Gen. Counsels, Barbara G. Gehring, N.L.R.B., Washington, D.C., Emil C. Farkas, Director, Cincinnati, Ohio, for respondent. Petition for review from the National Labor Relations Board. Before CELEBREZZE and BROWN, Circuit Judges, and PECK, Senior Circuit Judge. ORDER This case is before the court on petition of
(a) An employer shall require a driver to submit to an alcohol test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of subpart B of this part concerning alcohol. The employer's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. (b) An employer shall require a driver