NFL and Players Agree to Arbitrate Rozelle’s Random Drug-Testing Plan

The National Football League and its players union, avoiding a federal court battle, agreed Friday to binding arbitration over Commissioner Pete Rozelle’s plan for mandatory, random drug testing.

The league agreed not to implement the plan until arbitrator Richard Kasher decides if Rozelle has the authority to order additional testing, which would go beyond what is allowed by the collective bargaining agreement.

Kasher’s decision is expected in mid-September, about a week after the season begins. The league said each player will be tested for drugs during preseason physical examinations, as has been the case, and which is permitted under the contract between the union and the league.

In an agreement submitted to U.S. District Judge Barrington D. Parker, the league and the union said the arbitration hearing will be held July 23-24 in New York, site of the NFL headquarters, or Washington, D.C., where the NFL Players Assn. is located. Teams then will submit written briefs.

Parker was to have held a hearing into the union’s request to delay implementing the new program until the arbitrator decided their grievance against Rozelle’s plan, which was announced Monday.

“This is a very statesman-like approach to a very difficult situation,” the judge said of the agreement.

The grievance was filed shortly after Rozelle announced that all players would have submit to two unannounced drug tests each season, as well as the preseason urinalysis.

The program also provides penalties ranging from a 30-day suspension to a lifetime ban.

The current collective bargaining agreement, which expires Aug. 31, 1987, allows players to be tested during the season only if a team physician believes there is “reasonable cause” to suspect a drug problem.

“The commissioner’s office participated in this agreement because it was felt that it was in the best interest of all parties, the commissioner, the clubs and the players association for this to be decided in a prompt and orderly fashion,” said Joe Browne, the NFL’s director of communications.

Each side claimed victory in the binding arbitration agreement.

Don Weiss, NFL executive director, said the league will conduct tests during the preseason training period. “There is no plan not to start testing,” he said.

Weiss said the union asked for two things: Expedited arbitration and the elimination of SmithKline Labs as the agency to do the testing.

“We agreed to the first and not to the second,” he said. “The unscheduled tests were not scheduled until after September.”

Union lawyer Dick Berthelsen said, however, that the league can only follow the current contract in its drug testing and not the Rozelle plan until the arbitrator decides.

“They never said the random testing would be started until September,” Berthelsen said. “But now they can’t do it. They also were going to send the test results around the league. Now they can’t do it.”

In a statement given out by association representatives, union President Gene Upshaw said, “NFL players will not be subjected to random testings” as a result of the agreement.

“The union also won expedited arbitration and acceptance of the status quo in drug testing,” he said. “The agreement prevents Commissioner Pete Rozelle from implementing his newly announced drug program until and unless the union’s objection to Rozelle’s plan has been fully litigated.

“There will be no random testing, no discipline of players, and uniform standard tests as part of the preseason physicals.”

Under the terms of the agreement, all players will participate in urinalysis at or near the beginning of preseason training camp. If a player reports to his team after the entire squad has been tested, he will undergo testing at or near the time of reporting.