Professor Clark advocates federal legislation to set standards for all forms of employer investigations, searches and tests to uncover illicit drug use, as a means of avoiding inconsistent employer policies…

A discussion of whether, in assessing the appropriateness of discipline or discharge, arbitrators should take into account “distractions” (such as the employee’s marital, family, financial or legal problems) that cause…

An examination of arbitrators’ acceptance (or rejection) of evidence of post-discharge conduct and of later-acquired pre-discharge conduct. Arbitrator Nicolau applies a test of fair warning: If the evidence is revealed…

A review of litigation over random and “reasonable suspicion” drug testing. The scientific and technical issues in drug-testing arbitration disputes are explored….