As a mandatory subject of bargaining, the issue may be bargained over to impasse. However, failure to reach an agreement on the issue does not preclude an employer from unilaterally implementing a search policy, as long as it has first notified the union of its proposed implementation and the policy does not violate any other existing provision of the collective bargaining agreement. If after being notified of the proposal, the union desires to discuss the matter, the employer would be required to negotiate in good faith. Once the search policy is in place as a term and condition of employment, it will most likely be covered by the collective bargaining agreement's grievance-arbitration system. This means that the employer can expect grievances and even arbitrations over the method or frequency of searches.
Some companies also conduct searches of individuals.
To safeguard the property of our employees, our customers, and XYZ, and to help 6ent the possession, sale, and use of illegal drugs on XYZ's premises, in keeping with the spirit and intent of XYZ's drug-free workplace policy, XYZ reserves the right to question and conduct personal searches of employees and all other persons entering and leaving our premises, and to inspect any packages, parcels, purses, handbags, briefcases, lunchboxes, or any other possessions or articles carried to and from XYZ's property. Overby v. Chevron USA, No. Jorgenson v. Penn.