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AMERICAN FED. OF GOV. EMP., COUNCIL 33 v. MEESE

No. C-88-1419 SAW.

688 F.Supp. 547 (1988)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, COUNCIL 33; American Federation of Government Employees, AFL-CIO, L-3584; and Benita Mays, Plaintiffs, v. Edwin MEESE, III, Attorney General of the United States; J. Michael Quinlan, Director, Bureau of Prisons; and Rob Roberts, Warden, Pleasanton Federal Correctional Institution, Defendants.

United States District Court, N.D. California.

June 16, 1988.

Attorney(s) appearing for the Case

Cliff Palefsky, McGuinn, Hillsman & Palefsky, San Francisco, Cal., Mark D. Roth, Gen. Counsel, Joe Goldberg, Staff Counsel, American Federation of Government Employees, Washington, D.C., for plaintiffs.

Joseph P. Russoniello, U.S. Atty., Judith A. Whetstine, Chief, Civil Div., George Christopher Stoll, San Francisco, Cal., John R. Bolton, Asst. Atty. Gen., Mary E. Goetten, Richard G. Lepley, Attorneys, Dept. of Justice, Civil Div., Washington, D.C., for defendants.

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER GRANTING PRELIMINARY INJUNCTION

WEIGEL, District Judge.

I. Summary of Decision

On January 25, 1988, the Federal Bureau of Prisons of the United States Department of Justice (the Bureau) adopted its "Federal Bureau of Prisons Drug-Free Workplace Program" (the Program). The Program would force law abiding employees of the Bureau, on two hours telephone notice, to submit to urinalysis testing even though...

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