Drug Testing: What Are the Rights of Employees, Employers, and Unions?

Abstract

Drug abuse in the United States has been a commonly recognized problem in the
workplace for nearly two decades. A joint study by the National Council of Alcoholism
and the Research Triangle Institute suggested that the cost of substance abuse to the
American economy ranges from $60 to $145 billion annually [3]. A '1985 American
Management Association, study found that approximately 93 percent of all organizations
surveyed faced employee drug abuse Problems [21]. With the problem so pervasive,
it is not surprising that as many as 168 Fortune 500 companies have implemented some
form of substance abuse screening or testing; and many more have plans to adopt such
policies [3].
From a union-management standpoint, most collective bargaining agreements
include rules providing disciplinary action for use and abuse of drugs; however, issues
pertaining to drug usage and drug testing have only recently become components of
collective bargaining agreements. While it is obviously in the best interest of both
the employer and the employee to identify substance abuse problems, strong opposition
to drug testing of employees continues to exist. The purpose of this paper is to
examine recent interpretations of the law affecting drug testing, particularly where labor
unions are involved, and to assess the implications for employers with collective
bargaining agreements who wish to institute or continue the use of drug testing.