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Resolutions & Amendments

31st International Convention - San Diego, CA (1994)

Drug and Alcohol Testing

Resolution No. 17
31st International Convention
June 27-July 1, 1994
San Diego, CA

WHEREAS:

            Workplace drug and alcohol tests not based on reasonable suspicion can violate AFSCME members' rights to privacy, due process, and protection from unreasonable searches; and

WHEREAS:

            Although Department of Transportation (DOT) regulations mandate random and other types of testing for some AFSCME members, there are issues such as when an employee can be directed to submit to a reasonable suspicion test, rights to rehabilitative services, and disciplinary action that can be ad­dressed through collective bargaining; and

WHEREAS:

            Urinalysis for drug use is a limited tool for combating substance abuse because it does not determine impairment, when a substance was taken, or whether individuals are occasional or habitual users; and

WHEREAS:

            Qualified personnel must conduct tests according to established protocols in order to obtain accurate results; and

WHEREAS:

            Drug testing may be used subjectively to single out workers and avoid contractually guaranteed due process, progressive discipline and just cause in issuing discipline.

THEREFORE BE IT RESOLVED:

            That AFSCME continue to oppose the imposition of random or other types of testing that are not based on individualized reasonable suspicion, and that AFSCME locals and councils negotiate provisions to guarantee due process safeguards and other protections for AFSCME members subject to DOT or other mandated testing; and

BE IT FURTHER RESOLVED:

That all drug tests be conducted by laboratories certified by the Department of Health and Human Services to conduct urinalysis according to the procedures used for federal workplace testing programs; and

BE IT FURTHER RESOLVED:

            That AFSCME should fight for free, employer-paid, union-administered or jointly-controlled drug and alcohol rehabilitation programs to address the needs of workers with drug and alcohol problems; and

BE IT FINALLY RESOLVED:

            That any discipline resulting from drug or alcohol tests or use of drug or alcohol be based upon job performance and be consistent with any negotiated agreements and principles of progressive discipline.

SUBMITTED BY:  

 

Stephan Fantauzzo, Delegate
Saundra Webb, Delegate 
AFSCME Local 615, Council 62 
Indiana