摘要: |
Congress enacted the Omnibus Transportation Employee Testing Act of 1991 directing drug and alcohol testing for employees of transportation companies and agencies engaged in "safety sensitive functions." Some of the carriers are unionized and must comply with the requirements of either the National Labor Relations Act or the Railroad Labor Act. These laws prescribe bargaining requirements for employers. What happens when there is an intersection of the Omnibus Transportation Employee Testing Act of 1991, the National Labor Relations Act, or the Railroad Labor Act? This report examines the relationship between these laws, as well as the impact that intersections have had on existing collective bargaining agreements. This report should be helpful to attorneys, human resources officials, administrators, and labor relations specialists. The contents of this report are organized as follows: Notice Regarding Revisions to 49 Code of Federal Regulations, Part 40; (I) Introduction: (A) Legality Issues Concerning the Department of Transportation's Mandatory Drug and Alcohol Testing Requirements; (B) The Labor Laws and a Carrier's Duty to Bargain; (C) Carrier Survey; (D) Omnibus Employee Testing Act and Implementing Modal Regulations; (E) Relationship with State Testing Requirements; (F) Overview of Other Federal Statutory and Regulatory Requirements Governing Drug and Alcohol Use and Testing; and (II) Conclusion. |