Question: We’re changing our drug testing policy to remove marijuana from the applicant drug panel. We might do some other language clean-up while we’re doing so. Because the substantive change involves applicants, we don’t have to notify the union, right?
Answer: Wrong…only because you said you’re doing other “clean-up.” What you consider to be minor clean-up may not be so minor to the union, and it could hurt your credibility at the bargaining table if it looks like you’re trying to hide changes from them. If you’re making changes to your policy that only affect applicants, it’s generally optional to notify the union of changes to the policy. (There are some limited circumstances in which you would have to notify the union of applicant policy changes, such as if you obtain applicants through a union-sponsored hiring hall.)
If you want to change any drug testing procedures that affect employees, even if you consider the changes minor or even if the changes are required by law, you must give the union advance written notice so it has the opportunity to demand bargaining. Unsure of whether you should reach out to the union? Talk to your Vigilant Law Group employment attorney. Also, if you have employees in California or Washington, be aware of changes that take effect on January 1, 2024. As we previously reported, California employers will be prohibited from testing any workers (applicants or employees) for the presence of non-psychoactive cannabis (marijuana) metabolites and Washington employers (with limited exceptions) will be prohibited from pre-employment testing of applicants for such metabolites. See our Legal Guide, Marijuana in the Workplace for details.
