NCJ Number
97654
Journal
Labor Law Journal Volume: 36 Issue: 1 Dated: (January 1985) Pages: 42-54
Date Published
1985
Length
13 pages
Annotation
This article explores some of the legal and employee relations issues raised by the presence of drugs in the workplace and discusses the manner in which drug-related cases have come before the National Labor Relations Board (NLRB).
Abstract
The various types of work behavior that create drug problems for the employer are examined, including drug intoxication on the job and employee thefts to support a drug habit. Employers' different treatment of alcohol offenders and drug offenders is described, and arbitrators' reactions to these differences are highlighted. Other issues on which arbitrators disagree, including the issue raised by the illicit status of many drugs used by employees, are explored. Employer efforts to detect the use of drugs by prospective employees and to limit the spread of drug use among existing workers are addressed; these include screening, testing, and security measures. Labor laws that might limit an employer's right not to hire applicants who have used narcotics are considered; Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act of 1973 are viewed as potentially the most restrictive in this regard. Terminations purportedly based upon drug possession and involvement that have been taken to the NLRB are discussed, and drug cases in arbitration are reviewed. Finally, employers are urged to draft rules that explicitly prohibit drugs on company premises and prohibit the performance of work duties by employees under the influence of drugs. Included are 51 notes.