Drug and Alcohol Testing: A Survey of Labor-management RelationsTransportation Research Board, National Cooperative Highway Research Program, 2001 - Alcoholism and employment - 60 pages Congress enacted the Omnibus Transportation Employee Testing Act of 1991 directing drug and alcohol testing for employees of transportation companies and agencies engaged in "safety sensitive functions." Some of the carriers are unionized and must comply with the requirements of either the National Labor Relations Act or the Railroad Labor Act. These laws prescribe bargaining requirements for employers. What happens when there is an intersection of the Omnibus Transportation Employee Testing Act of 1991, the National Labor Relations Act, or the Railroad Labor Act? This report examines the relationship between these laws, as well as the impact that intersections have had on existing collective bargaining agreements. |
Contents
NOTICE REGARDING REVISIONS TO 49 CODE OF FEDERAL REGULATIONS PART 40 | 3 |
Carrier Survey | 17 |
E Relationship with State Testing Requirements | 36 |
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Common terms and phrases
accident AFSCME alco alcohol policy alcohol testing Amalgamated Transit Union arbitration Article 35 Atlantic Southeast Airlines Bivens breath alcohol carrier that responded carrier's obligation carriers of property collective bargaining agreement controlled substance Court covered employees discharge DOT's regulations driver drug and alcohol drug and/or alcohol drug or alcohol drug testing duty FHWA FMCSA and FTA FMLA Fourth Amendment FRA's regulations FTA's governing GSAF IAMAA IBEW implementing imposed individual issue laboratory mandatory modal motor carriers motor property negotiated NLRA NLRB NMFA nonevidential observed collection Omnibus Testing Act pay for tests perform ployee positive test post-accident prior procedures prohibited conduct quirements railroad Railway Labor Railway Labor Act random testing rehabilitation safety-sensitive function Section specific specimen STAT substance abuse survey indicated test positive test result testing programs testing requirements tion transit agencies transit carriers transportation violation