Arbitrator Blocks NFL Random Drug Testing : Random NFL Drug-Testing Plan Blocked

An arbitrator today blocked National Football League Commissioner Pete Rozelle’s plan to randomly test players for illegal drugs, saying the plan violates the players’ contract with management.

Arbitrator Richard Kasher, responding to a grievance filed against the plan by the NFL Players Assn., ruled that Rozelle lacks the power to implement such a testing plan without going through the usual bargaining process with the union.

“The NFLPA is pleased that the collective bargaining agreement has been reaffirmed through the decision of arbitrator Richard Kasher that there will be no random drug-testing of NFL players,” union Executive Director Gene Upshaw said through a spokesman.

The 1982 Collective Bargaining Agreement, which expires after this season, allows teams to test players for drugs during preseason physicals and during the regular season only when a team doctor rules there is “reasonable cause” to suspect drug use.

On July 7, less than two weeks after the cocaine-induced death of Cleveland Browns defensive back Don Rogers, Rozelle announced a plan to make the NFL the first professional sports league in the nation to randomly test players for use of illegal drugs.

2 Surprise Tests

Under Rozelle’s plan, all NFL players would be subjected to two surprise urinalysis tests during the regular season in addition to the urinalysis already given to players during the mandatory preseason physicals.

But, with the NFL Players Assn. suing for a court order stopping the implementation of the plan, both sides agreed to have the case decided by an impartial arbitrator.

During three months of hearings and exchanging legal briefs, management argued that the Collective Bargaining Agreement granted Rozelle the power to make such a move. Union officials said the passages management cited referred only to discipline of players.

The decision is the second from an NFL arbitrator in less than a week in favor of union grievances against the NFL. Last week, arbitrator Sam Kagel ruled that 200 NFL players who refused to submit to drug tests as part of postseason physicals in January had been improperly fined by five NFL clubs and ordered that the fines be returned.

Kagel said the postseason testing was not permitted under the collective bargaining agreement.