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Drug Testing in the Workplace: Issues for the Arbitrator

NCJ Number
119461
Journal
Ohio State Journal on Dispute Resolution Volume: 4 Issue: 2 Dated: (1989) Pages: 273-294
Author(s)
T T Morrow
Date Published
1989
Length
22 pages
Annotation
This article discusses the major issues facing arbitrators who are called upon to resolve disputes over private sector drug testing in unionized workplaces and focuses on the criteria used by arbitrators in judging drug testing programs.
Abstract
Union challenges to drug testing under collective bargaining agreements are discussed in detail, with special emphasis on probable or reasonable cause standards and adequate notice. Reasonable and accurate testing procedures and privacy issues are outlined, as in the required relationship between the employee's drug use and the employer's business interests. Issues of employee termination and union options when the collective bargaining agreement is silent on drug testing are also discussed. Arbitrators will play a major role in defining permissible drug testing procedures and policies in unionized workplaces. 143 footnotes.

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