300 Human Resources Management for Public and Nonprofi t Organizations
legislators, judges, and regulatory agencies have passed laws or rendered
decisions that regulate substance abuse testing in the workplace.
In 1986, President Reagan signed Executive Order 12564, which
required federal agencies to set up programs to test workers in sensitive
positions for illegal drug use and to establish a voluntary drug testing pro-
gram for all other employees. In 1988, Congress passed the Drug - Free
Workplace Act. The act required federal contractors and grantees who
receive more than twenty - fi ve thousand dollars in government business to
certify that they would maintain drug - free workplaces. Organizations that
did not comply with the requirements of the act could have their payments
suspended and lose governments contracts for up to fi ve years.
Nonprofit organizations that are the recipients of federal funds in
excess of twenty - fi ve thousand dollars are required to comply with the
Drug - Free Workplace Act. State and local governments may also require
government contractors to comply with drug abuse prevention efforts. In
addition, nonprofi ts receiving state or local funds, or both, are expected to
comply with state regulations.
Nonprofi t employees employed under a collective bargaining agree-
ment may be subject to an employer - imposed drug and alcohol testing
policy. In 1989, the National Labor Relations Board ruled that the drug
testing of employees was a mandatory subject of collective bargaining but
the drug testing of applicants was not (Johnson - Bateman Company, 1989).
This decision was reversed by the Seventh Circuit Court in the case of
Chicago Tribune v. National Labor Relations Board (1992). The court held
that the newspaper could rely on its broad management rights clause to
implement a drug testing program on a unilateral basis. The management
rights clause gave the employer the exclusive right “ to establish and enforce
reasonable rules and regulations relating to the operation of the facilities
and employee conduct. ”
Public employees have been insulated by the U.S. Constitution from
the capricious use of drug testing. They have challenged drug testing on
grounds that it violates the Fourth Amendment ’ s prohibition against rea-
sonable search and seizure. The Supreme Court rendered two decisions
on this issue in 1989. In Skinner v. Railway Labor Executives Association (1989)
and Nationa l Treasury Employees Union v. Von Raab (1989), the Court ruled
that public employers may require drug testing when a compelling
government interest exists that overrides the employee ’ s right to privacy.
The Court upheld drug testing when the public ’ s health and safety is
at risk or for law enforcement occupations that are involved in drug
interdiction activities.