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The question is who would impose this upon us?
You are exactly right we are not employees. We are generally independent contractors. There are a couple of issues to be hurdled.
1) Unless there are competing officials associations, usually we are the only game in town and someone recognizes the group through some sort of contractual relationship.
The group refuses to work. ( acts like a union)
2) Who would pay for the tests? These tests are not cheap. If the official were required to pay, we would find ways to pass it on.
3) What would be the purpose? Most drug testing goes on in safety sensitive areas. officiating is not a safety sensitive position.
4) Most organizations dont test regular employees. Why would they impose it on us? We are not athletes competing... If we are impaired someone wil notice.
5) How many lawsuits would they face for unreasonableness?
I need to do more research, but random drug testing and pre-employment drug testing seem to have fairly narrow scopes under the law.
To join an officials organization is like I mentioned before no different than to join anyother community organization. It is open to the general public. There may be rules on who works what games but we could not exclude someone in an officials organization because of criminal background.
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