AMALGAMATED TRANSIT UNION v. SKINNER

Nos. 89-5380, 89-5381 and 89-5384.

894 F.2d 1362 (1990)

AMALGAMATED TRANSIT UNION, et al., Appellants, v. Samuel K. SKINNER, Secretary of Transportation, et al., Appellees. TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO, et al., Appellants, v. Samuel K. SKINNER, Secretary of Transportation, et al., Appellees. RAILWAY LABOR EXECUTIVES' ASSOCIATION, et al., Appellants, v. Samuel K. SKINNER, Secretary of Transportation, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 19, 1990.


Attorney(s) appearing for the Case

Robert M. Weinberg, with whom Bruce R. Lerner, Earle W. Putnam, Washington, D.C. and Leo E. Wetzel, were on the brief for appellants, Amalgamated Transit Union, et al., in No. 89-5380.

Arthur M. Luby, Washington, D.C., entered an appearance for appellants, Transport Workers Union of America, AFL-CIO, et al., in No. 89-5381.

Lawrence M. Mann, Washington, D.C. entered an appearance for appellants, Railway Labor Executives' Ass'n, et al., in No. 89-5384.

Stuart M. Gerson, Asst. Atty. Gen., Dept. of Justice, with whom Jay B. Stephens, U.S. Atty., Leonard Schaitman, John C. Hoyle and Wendy M. Keats, Attys., Dept. of Justice, Diane R. Liff, Asst. Gen. Counsel and Trudy B. Levy, Asst. Chief Counsel, Dept. of Transp., Washington, D.C., were on the brief for appellees in Nos. 89-5380, 89-5381 and 89-5384.

Before WALD, Chief Judge, and EDWARDS and SILBERMAN, Circuit Judges.


Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

In December 1988, the Urban Mass Transportation Administration ("UMTA") issued regulations to require recipients of federal mass transit funds to implement an anti-drug program for employees who perform sensitive safety functions.1 The required anti-drug program would include urinalysis testing of employees prior to employment, after an accident, when reasonable...

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