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The authors describe the usefulness of electronic surveillance, the judicial endorsement of its use (except where in violation of the ECPA), the constraint of “unreasonable search and seizure” for public employees, and the admissibility of such evidence and of workplace searches in cases of employee misconduct (even where the evidence is obtained in violation of …

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The author distinguishes between the Supreme Court’s finding of a Constitutional right of personal privacy from governmental action and actions by private employers. “Instead of defining those rights, arbitrators assume that they will know them when they see them…” The reasonable expectation of privacy of public employees will yield to reasonable grounds for suspecting that …

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The author gives an overview of the public sector restraints on drug testing, and private sector issues including the unilateral institution of drug testing, drug screening techniques, random drug testing, refusal to submit to testing, discipline for positive results, and off-duty possession and use. Judicial review of awards on public policy grounds is discussed.

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