In Hawai'i, controversy has arisen over the refusal by the state's teachers to submit to drug testing. The state alleges that a contract recently agreed to by the state and the union called for imposition of random drug testing. The union argues that suspicion-less testing is unconstitutional at the state and federal level and cannot be legally implemented.
The Honolulu Advertiser reported on Aug. 6, 2008 ("Hawai'i Teachers' Union Reneging on Drug Testing, State Says") that "State officials blasted the public school teachers union yesterday for attempting to renege on its agreement to accept random drug testing. The Hawaii State Teachers Association agreed to a new contract in June 2007 that included pay increases and random drug testing. After getting most of the pay increases, the union has fought attempts to implement the drug testing."
According to the Advertiser, "On July 18, the state filed a complaint with the Hawai'i Labor Relations Board against the union, alleging the union has failed to negotiate the terms of the testing program in good faith. The complaint was filed in response to a July 17 letter in which the union said it has learned, since the contract was signed, that random testing is not consistent with state and federal constitutions. The union has filed a petition asking the Hawai'i Labor Relations Board to make a declaratory ruling on the legality of a random drug testing program for teachers. 'Today, both parties know much more about the legal issues surrounding drug testing that were not known at the time of the initial agreement,' HSTA Executive Director Mike McCartney wrote in a letter to DOE Superintendent Pat Hamamoto. 'We cannot knowingly agree to procedures that violate the state and federal constitutions. Any agreement of this type would subject the state and all of us to unnecessary litigation,' McCartney wrote."
The Advertiser noted that "The new contract included pay increases of up to 11 percent over 18 months, most of which already have taken effect. The contract called for the Board of Education and the teachers union to 'establish a reasonable suspicion and random drug and alcohol testing procedures applicable to all Bargaining Unit 5 ( teachers ) ... and implement such plan no later than June 30, 2008.'"