WHEREAS:

Indiscriminate drug testing is both unfair and unnecessary. It is unfair to force workers who are not even suspected of using drugs, and whose job performance is satisfactory, to "prove" their innocence through a degrading and uncertain procedure that violates personal privacy; and

WHEREAS:

Drug tests are unnecessary because they cannot detect impairment and, thus, in no way enhance an employer's ability to evaluate or predict job performance; and

WHEREAS:

The cost of drug testing programs to federal, state and local government, as well as private employers, is substantial. A study of the federal government's drug testing program estimated that it cost $77,000 to find one drug user; and

WHEREAS:

Despite questions about the need for massive testing, and privacy and due process concerns, AFSCME members have fully complied with the existing drug and alcohol laws and regulations; and

WHEREAS:

AFSCME has consistently worked to protect employee privacy and ensure collective bargaining rights as a way to address issues regarding a safe and drug-free environment. Employers can provide a safe and productive workplace without impinging on employee privacy rights.

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 mandated testing; 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 drugs or alcohol be based upon job performance and be consistent with any negotiated agreements and principles of progressive discipline.

SUBMITTED BY:

J. Claude Fort, President and Delegate
Milton Lovett, 1st Vice President and Delegate
AFSCME Local 375, Council 37
New York

The Resolutions Committee