Company policy in a contract.

We are in the process of contract negotiations.The company has put in the contract the company drug policy.Which states If there is reasonable suspicion that an employee is in violation of this policy,a search of company property shall be made.The company considers all company owned or leased property and facilities (such as desks,offices,lockers,vehicles,etc) to be of company property,regardless of wether it has been assigned to employees for their use while employed.As such this property is subject to searches by the company.In addition,all personal property of an employee (such as toolboxes,lunch boxes,purses,back packs,etc) brought onto company property (including vehicles) is subject to searches in accordance with this policy.Is this legal in the state of Wisc to search your vehicle by the company?Thanks

1 answer  |  asked Jul 30, 2002 3:30 PM [EST]  |  applies to Wisconsin

Answers (1)

Sally Stix

If you have a union and are in contract negotiations, drug policies are mandatory subjects of bargaining. Therefore, the employer can't put anything in the contract until the union agrees to it. Car searches would be allowed if you agree to it in the contract. Otherwise, the company can order you to let them search but you do not have to let them. However, you can then be disciplined or terminated for insubordination.

Searches of vehicles by the police require "reasonable suspicion" which, these days, is almost anything.

posted by Sally Stix  |  Jul 30, 2002 6:10 PM [EST]

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