Local 1 of the Association of Western Pulp and Paper Workers was the bargaining representative for employees at Boise-Cascade Corporation's paper mill in St. Helen's, Oregon. Workers at the mill worked with heavy equipment, pressurized vessels, and hazardous chemicals. As a result, injuries were common.
The labor agreement in effect between Local 1 and Boise-Cascade allowed the company unilaterally to introduce work rules that were consistent with the agreement. The union could challenge the reasonableness of a rule through grievance arbitration. In an effort to combat on-the-job injuries, Boise-Cascade unilaterally implemented a drug- and alcohol-testing program. The company announced that the testing program would apply to employees suspected by their supervisor of being under the influence of drugs or alcohol, employees who suffered on-the-job injuries that required more than first aid, and all employees involved in accidents at the mill.
A positive result could result in discipline or discharge. In addition, refusal to submit to a test under the circumstances outlined above would result in discipline.
The union objected to the drug- and alcohol-testing program as "illegal" and "unconstitutional." The union has asked you for advice on how to challenge the testing program.
Should the union bring the issue to arbitration? The NLRB? The courts? Advise the union and explain. [Paper Workers v. Boise-Cascade Corp., 1 ITER Cases 1072 (D. Or.)]