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NATIONAL TREASURY EMPLOYEES UNION v. BUSH

No. 88-3770.

891 F.2d 99 (1989)

NATIONAL TREASURY EMPLOYEES UNION, American Federation of Government Employees (AFL-CIO), National Federation of Federal Employees, Maureen Shaffer, and Mariam C. Jones, Plaintiffs-Appellants, Cross-Appellees, v. George BUSH, President of the United States and Constance Horner, Director, Office of Personnel Management, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

December 29, 1989.

Attorney(s) appearing for the Case

Elaine Kaplan, Deputy Director of Lit. and Gregory O'Duden, Director of Lit., Nat. Treasury Employees Union, Washington, D.C., for Nat. Treasury Employees Union.

H. Stephen Gordon and Alice L. Bodley, Washington, D.C., for NFFE.

Robert Y. Zener, and Leonard R. Schaitman, Washington, D.C., for defendants-appellees, cross-appellants.

Before GARZA, WILLIAMS and DAVIS, Circuit Judges.

GARZA, Circuit Judge:

Federal employee union challenged the Constitutionality of Executive Order 12,564, which mandated random urinalysis drug testing of Federal workers in sensitive positions, and also called for testing of other employees on reasonable suspicion. Because we find that the Order is not invalid on its face, and that a Constitutional challenge would be better launched against the individual agency plans implementing the Order, we AFFIRM the district...

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