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

Drug abuse in the United States has been a commonly recognized problem in theworkplace for nearly two decades. A joint study by the National Council of Alcoholismand the Research Triangle Institute suggested that the cost of substance abuse to theAmerican economy ranges from $60 to $145 billion annually [3]. A '1985 AmericanManagement Association, study found that approximately 93 percent of all organizationssurveyed 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 someform of substance abuse screening or testing; and many more have plans to adopt suchpolicies [3].From a union-management standpoint, most collective bargaining agreementsinclude rules providing disciplinary action for use and abuse of drugs; however, issuespertaining to drug usage and drug testing have only recently become components ofcollective bargaining agreements. While it is obviously in the best interest of boththe employer and the employee to identify substance abuse problems, strong oppositionto drug testing of employees continues to exist. The purpose of this paper is toexamine recent interpretations of the law affecting drug testing, particularly where laborunions are involved, and to assess the implications for employers with collectivebargaining agreements who wish to institute or continue the use of drug testing.