BURKA v. NEW YORK CITY TRANSIT AUTHORITY

Nos. 85 Civ. 5751 (GLG), 86 Civ. 6535 (GLG) and 86 Civ. 7427 (GLG).

680 F.Supp. 590 (1988)

Thomas BURKA, Eugene Avent, Frank Doe, Tracey Devlin and Fitzgerald Cumberbatch, Plaintiffs, James Salazar, Plaintiff-Intervenor, v. NEW YORK CITY TRANSIT AUTHORITY, et al., Defendants. John FA, Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY and David L. Gunn, individually and in his official capacity as President of the New York City Transit Authority, Defendants. TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO, LOCAL 100, and Sonny Hall, as President of Transport Workers Union of America, AFL-CIO, Local 100, Plaintiffs, v. NEW YORK CITY TRANSIT AUTHORITY, Manhattan and Bronx Surface Transit Operating Authority and David Gunn, as President, New York City Transit Authority, Defendants.

United States District Court, S.D. New York.

February 1, 1988.


Attorney(s) appearing for the Case

Legal Action Center of the City of New York, Inc., New York City, for plaintiffs Thomas Burka, Eugene Avent, Frank Doe, Tracey Devlin, and Fitzgerald Cumberbatch; Margaret K. Brooks, Noran J. Camp, Catherine H. O'Neill and Ellen M. Weber, of counsel.

Gladstein, Reif & Meginniss, Brooklyn, N.Y., for plaintiff-intervenor James Salazar; James Reif, of counsel.

Albert C. Cosenza, Vice President and Gen. Counsel New York City Transit Authority, Brooklyn, N.Y., for defendants, New York City Transit Authority, et al.; Eugene Freidus and Gloria E. Colon, of counsel.

South Brooklyn Legal Services, Brooklyn, N.Y. (Jane Greengold Stevens, of counsel), Kramer, Levin, Nessen, Kamin & Frankel, New York City (Stephen N. Young, of counsel), for plaintiff John Fa.

O'Donnell & Schwartz, New York City, for plaintiffs Transport Workers Union of America, AFL-CIO, Local 100, and Sonny Hall, as President of Transport Workers Union of America, AFL-CIO, Local 100; David B. Rosen, of counsel.


OPINION

GOETTEL, District Judge:

The problem of drug abuse in the United States has long ceased to be a matter of individual concern. It has become a serious problem in the workplace. It has been estimated that the total economic loss attributable to drug and alcohol abuse may be as much as one hundred billion dollars a year, and that figure does not account for social costs.1 Not...

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