This Note demonstrates that organized labor's effectiveness in negotiation is imperative to the adequate protection of its members from invasive drug testing procedures. Negotiation must be achieved by asserting that drug testing is a mandatory subject of bargaining for the reasons set forth in section III. The best results in negotiation will be evidenced where the union representative is aware of both the technical and procedural shortcomings of drug testing, as well as, the inequities of the collective bargaining agreement in question. For these reasons, this Note will highlight those areas which the unions must address in negotiation in order to prevent the unilateral implementation of drug testing programs. Primarily, the unions’ strategy should center, not around disallowing testing procedures, but instead bargaining for a procedure which will most effectively preserve both the privacy rights of its members, as well as a safe work environment. Although the courts and legislators to date have provided the private sector employee with limited protection, this Note will show that where the unions are well informed and able to thoroughly negotiate over drug testing, the private sector employee can enjoy a safe work environment free from invasive testing procedures. Thus, the unions are not left helpless holding the specimen jar-as the title of this Note may suggest, rather they are holding the key to effective protection of employee rights-negotiation.
Note, Management's Unilateral Implementation of Drug Testing Programs: Are the Unions Left Holding the Jar, 36 Clev. St. L. Rev. 291 (1988)