control over its day-to-day operations and employment conditions, this is properly considered in the next section addressing the governmental control test. 13 . Section 14(c) of the Act provides, in relevant part: The Board, in its discretion, may, by rule of decision or by published rules ..., decline to assert jurisdiction over any labor dispute involving any class or category of employers, where, in the opinion of the Board, the effect of such labor dispute on commerce is not sufficiently substantial to warrant the exercise of its jurisdiction. 29 U.S.C. § 164(c)(1). 14 . Two circuits have recently upheld the validity of the Board’s Management Training jurisdictional standard. See Pikeville United Methodist Hosp. v. United Steelworkers of Am., 109 F.3d 1146, 1152-53 (6th Cir.1997) (<HOLDING>); Teledyne Econ. Dev. v. NLRB, 108 F.3d 56, 59
recognizing that other courts have found the type of test reliable but finding that this particular urinalysis test was unreliable since the lab did not perform a backup test or identify lab test results and state left questions about how probationers diabetes affected the results holding that jurisdiction exists if either the pluralitys test or kennedys test is met holding that a defendants right to an independent blood alcohol test means the right to a test that is not subject to government manipulation holding management training jurisdictional test did not contravene  22 holding that denial of an independent chemical test after defendant refused to submit to a policeadministered test did not violate due process