The National Labor Relations Board has asked a federal judge to order Fishers-based Marsh Supermarkets to rehire a pro-union worker whom the company fired.
The United Food and Commercial Workers union is trying to organize the grocery chain's 5,000 workers in about 100 stores in Indiana and Ohio, but has been unsuccessful so far.
Tony Massey was fired Sept. 7 from his job in Marsh's Beech Grove store, according to a complaint filed Sept. 15. It says Massey was required to take a Breathalyzer test while on the job before being fired.
Marsh issued a statement Wednesday saying the company "vehemently denies the charges and looks forward" to a hearing.
The labor board asked a federal judge in Indianapolis to order Marsh to offer to rehire Massey, make up his lost pay and clean his employment record.