NCJ Number
115857
Journal
Cleveland State Law Review Volume: 36 Issue: 2 Dated: (1988) Pages: 291-317
Date Published
1988
Length
27 pages
Annotation
In an effort to maintain a safe and profitable industry, employers have attempted to deter substance abuse through the implementation of drug testing programs.
Abstract
With respect to private-sector drug testing, the courts have offered little protection of union members' rights, thus placing an additional burden on unions in the protection of employee rights. Organized labor's effectiveness in negotiation is imperative to the adequate protection of members against invasive drug testing. Unions must assert that drug testing is a mandatory subject of bargaining. The best results in such negotiations will be evidenced in cases where the union representative is aware of both the technical and procedural shortcomings of drug testings, as well as the inequities of the collective bargaining agreement in question. To prevent unilateral managerial implementation of drug testing, the union strategy should center, not around disallowing testing procedures, but around bargaining for a procedure that will most effectively preserve both the privacy rights of employees and a safe work environment. Through well-informed negotiations, unions have a means for effectively protecting their members' rights. 139 footnotes.