Drug Testing Provisions: An Examination of Disparities in Rules and Collective Bargaining Agreement Provisions

Lisa Pike Masteralexis

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Thank you for inviting me to present my research and offer my opinion on professional sports steroid testing in union versus non-union settings. I will discuss this from my experiences as a professor teaching labor relations in professional sports, as well as from my experience representing a non-unionized professional athlete challenging a positive steroid test. I am convinced that performance enhancing drug use in professional sport should be addressed at the collective bargaining table and not on the floor of Congress. My goals in today’s presentation are to establish the legal landscape for collective bargaining over performance enhancing drug policies; to examine  benefits gained in a collective bargaining process over drug testing policies available to those working in a unionized sport organization; and to compare the collectively bargained Major League Baseball drug testing policy versus its unilaterally mandated minor league drug testing policy.
40 New Eng. L. Rev. 775

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