NCJ Number
113078
Date Published
1987
Length
200 pages
Annotation
This book examines the problem of alcohol and drugs in the workplace through an analysis of cases in which unions went to arbitration to protect the legal and contractual rights of their members.
Abstract
The majority of cases reviewed deal primarily with alcohol and marijuana abuse and company policies regarding them. Issues considered relate to drug policies and collective bargaining, proof of abuse, drug and alcohol testing, and off-duty abuse. Others consider tests of chronic abuse, the use of undercover agents, and possession and use. Issues considered in these cases include the implications of abuse for workplace safety, discipline and termination policies, effects on absenteeism and productivity, and treatment and rehabilitation of abusing workers. Also considered are the accuracy and reliability of drug tests, the use of pre-employment testing, and the conditions under which tests are conducted (e.g., random tests, testing with cause). Of the arbitration awards described, 43 involved private industry, and 16 were from the public sector. Of cases, 24 were won by management; 18 by unions; and 12 involved compromises in which discharges were not upheld but grievants were substantially penalized. In three cases, grievants returned to work after successfully completing rehabilitation programs; and in two cases, arbitrators were asked to advise parties whether new drug policies should be instituted. Management won most cases involving undercover investigation and cases where termination was based on drug testing. Voluntary labor arbitration rules and a list of American Arbitration Association Offices are appended. Chapter summaries and citations and 49 references.