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NATIONAL FEDERATION OF FEDERAL EMPLOYEES v. CHENEY

Nos. 88-5080 to 88-5082, 88-5245, 88-5246.

884 F.2d 603 (1989)

NATIONAL FEDERATION OF FEDERAL EMPLOYEES, et al. v. Richard B. CHENEY, Secretary of Defense, et al., Appellants. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, et al. v. Richard B. CHENEY, Secretary of Defense, et al., Appellants. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, et al. v. Richard B. CHENEY, Secretary of Defense, et al., Appellants. NATIONAL FEDERATION OF FEDERAL EMPLOYEES, et al. v. Richard B. CHENEY, Secretary of Defense, et al., Appellants. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, et al. v. Richard B. CHENEY, Secretary of Defense, et al., Appellants. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, et al. v. Richard B. CHENEY, Secretary of Defense, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 29, 1989.

Attorney(s) appearing for the Case

John R. Bolton, Asst. Atty. Gen., Dept. of Justice, with whom Jay B. Stephens, U.S. Atty., Leonard Schaitman, and Robert V. Zener, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellants.

Joe Goldberg, with whom Mark D. Roth, Washington, D.C., was on the brief, for appellees, American Federation of Government Employees, et al.

H. Stephan Gordon and Jeffrey Sumberg were on the brief, for appellees, Nat. Federation of Federal Employees. Bruce P. Heppen and Suzanne L. Kalfus, Washington, D.C., also entered appearances for Nat. Federation of Federal Employees.

Before WALD, Chief Judge, and MIKVA and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

In this appeal we are called upon to assess the constitutionality of the United States Department of the Army's practice of subjecting certain of its civilian employees to compulsory, random toxicological urine testing. Implemented in 1986, the testing program requires more than 9,000 of the Army's 450,000 civilian employees be tested in any of four circumstances, including "[pe...

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