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.https://leagle.com/images/logo.png
Argued August 30, 1988.
Decided December 28, 1988.
Attorney(s) appearing for the Case
John F. Smith, III (argued), Richard S. Meyer (argued), Hope A. Comisky, James J. Rodgers, Barbra Shotel, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, Pa., for Southeastern Pennsylvania Transp. Authority.
Michael Brodie (argued), Michael R. Kopac, III, Sacks, Basch, Brodie & Sacks, Philadelphia, Pa., for Transport Workers' Union of Philadelphia, Local 234.
Harold A. Ross (argued), 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, Division 71; Thomas C. Brennan; Brotherhood of Locomotive Engineers; 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.
Before SLOVITER, GREENBERG and COWEN, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SLOVITER, Circuit Judge.
This case presents this court for the first time with the issue of the constitutionality of random and return-to-work drug and alcohol testing of public employees holding "safety sensitive" positions within the public transportation authority serving the Philadelphia metropolitan area.1 The district court upheld the constitutionality of the random drug testing policy, but found the...
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