The intrusive nature of drug testing implicates the concern over a person's right to privacy. Currently, Congress has proposed legislation which would establish minimum drug testing requirements in professional sports. This legislation is a reaction to suspicions and investigations surrounding Major League Baseball players and the use of performance enhancing drugs. Federally mandated drug testing would raise constitutional issues regarding the players' rights against mandatory drug testing. These concerns could be avoided if drug testing policies are implemented through a collective bargaining agreement, negotiated and agreed upon between the leagues and their players associations. Thus, as previously asserted, collective bargaining provides the ideal forum for implementing performance-enhancing drug testing policies in professional sports. Part II of this article explores the evolution and nature of professional sports in America and analyzes why the public is demanding that professional athletes be submitted to performance-enhancing drug testing." Part III of the article scrutinizes the nature of drug testing, examines the associated onstitutional concerns, and recognizes current drug testing policies in professional sports. Part IV of the article provides an overview of collective bargaining agreements and the use of arbitration. Then, Part V explains why collective bargaining is the appropriate forum for implementing performance-enhancing drug testing policies in professional sports. Finally, this article concludes by acknowledging the advantages of using collective bargaining instead of federal legislation to establish drug testing policies.
David M. Washutka,
Collective Bargaining Agreements in Professional Sports: The Proper Forum for Establishing Performance-Enhancing Drug Testing Policies,
8 Pepp. Disp. Resol. L.J.
Available at: http://digitalcommons.pepperdine.edu/drlj/vol8/iss1/5