NCJ Number
106920
Journal
Nova Law Review Volume: 11 Issue: 2 Dated: (Winter 1987) Pages: 371-413
Date Published
1987
Length
43 pages
Annotation
Arbitrators' consideration of employee grievances occasioned by employer drug testing will be guided by the standard arbitral rule for determining the legitimacy of employer discipline practices.
Abstract
The arbitral rule requires employers to prove they had 'just cause' to discipline the grievant. Specific criteria are the arbitrariness or bias of the action, whether the rule at issue is reasonable and uniformly enforced, whether the collective bargaining agreement was violated by the discipline, and whether the grievant was accorded basic due process rights. In the case of the drug testing, the application of the aforementioned standards should cause the arbitrator to focus on disciplining for the use of arbitrarily selected drugs (Testing is not typically done for alcohol and licit drug use that may impair work performance), the level of intrusiveness, and testing validity. Other issues likely to be addressed by an arbitrator are the definition of 'reasonable cause' for a test, the analytical methods and 'decision levels' used, whether the test establishes a just cause for discipline, and legislative and judicial restraints on testing. Given the array of challenges that can accompany a drug testing procedure, labor and management should negotiate a joint policy on dealing with substance abuse that affects work performance. 99 footnotes.