A panel discussion of three case studies of alleged abuse involving (1) a nursing home, (2) a police shooting, and (3) sexual assault on a student by a teacher.Following the panel discussion, Arbitrator Jaffe presents four hypothetical cases in the health care, police, education and trucking industries, followed by questions relevant to the imposition of …

The author states that drug testing is here to stay; that, when done correctly, it works; and that arbitrators have an obligation to apply the language of the CBA and rely on the evidentiary record, divorced from the emotional factors often associated with substance abuse. The factors affecting when testing is deemed reasonable are described.