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TRANSPORT WORKERS' UNION v. S.E. PA. TRANSP. AUTH.

Nos. 88-1160, 88-1206, 88-1161, 88-1162, 88-1207, 88-1163 and 88-1208.

884 F.2d 709 (1988)

TRANSPORT WORKERS' UNION OF PHILADELPHIA, LOCAL 234, Appellant in No. 88-1206, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant in No. 88-1160. TRANSPORT WORKERS UNION OF AMERICA, LOCAL 2013 v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY and Louis F. Gould, Jr., Esquire, Individually and in his official capacity as Chairman of the Board of SEPTA; Robert J. Thompson, Individually and in his official capacity as Vice Chairman of the Board of SEPTA; Brian W. Clymer; Judith E. Harris, Esquire; Mary C. Harris; Thomas M. Hayward, C.P.A.; Frank W. Jenkins, Esquire; Richard E. Kutz, Esquire; David W. Marston, Esquire; James C. McHugh and Franklin C. Wood, Individually and in their official capacities as Members of the Board of SEPTA, Appellants. BROTHERHOOD OF LOCOMOTIVE ENGINEERS, DIVISION 71 and Brotherhood of Locomotive Engineers and Thomas C. Brennan, Appellants in No. 88-1207, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY and Louis F. Gould, Jr., Esquire, Individually and in his official capacity as Chairman of the Board of SEPTA; Robert J. Thompson, Individually and in his official capacity as Vice Chairman of the Board of SEPTA; Brian W. Clymer; Judith E. Harris, Esquire; Mary C. Harris; Thomas M. Hayward, C.P.A.; Frank W. Jenkins, Esquire; Richard E. Kutz, Esquire; David W. Marston, Esquire; James C. McHugh and Franklin C. Wood, Individually and in their official capacity as Members of the Board of SEPTA, Appellants in No. 88-1162. UNITED TRANSPORTATION UNION, Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees, Brotherhood of Maintenance of Way Employees, Brotherhood of Railroad Signalmen, Appellants in No. 88-1208, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant in No. 88-1163.

United States Court of Appeals, Third Circuit.

Decided December 22, 1988.

On Remand June 26, 1989.

Opinion September 1, 1989.

Attorney(s) appearing for the Case

John F. Smith, III, Richard S. Meyer, Hope A. Comisky, James J. Rodgers, Barbra Shotel, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, Pa., for Southeastern Pennsylvania Transp. Authority.

Michael Brodie, Michael R. Kopac, III, Sacks, Basch, Brodie & Sacks, Philadelphia, Pa., for Transport Workers' Union of Philadelphia, Local 234.

Harold A. Ross, Joseph E. Prekop, Ross & Kraushaar Co., L.P.A., Cleveland, Ohio, Cornelius C. O'Brien, Jr., Cornelius C. O'Brien, III, Cornelius C. O'Brien, Jr., P.C., Philadelphia, Pa., for Brotherhood of Locomotive Engineers, Div. 71, Thomas C. Brennan, Brotherhood of Locomotive Engineers, United Transp. Union, Brotherhood of Ry., Airline and S.S. Clerks, Freight Handlers, Express and Station Employees, Brotherhood of Maintenance of Way Employees, Brotherhood of Railroad Signalmen.

Before SLOVITER, GREENBERG and COWEN, Circuit Judges.

On Remand From The Supreme Court of the United States June 26, 1989.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

We consider this case on remand from the Supreme Court in light of two cases it decided last term in the rapidly developing area of constitutional and statutory law regarding employee drug testing. In our opinion in Transport Workers' Union of Philadelphia v. Southeastern Pennsylvania Transportation Authority (SEPTA)...

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