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AFGE LOCAL 1533 v. CHENEY

No. 90-15834.

944 F.2d 503 (1991)

AFGE LOCAL 1533, Pearl G. Ruchman, Charles Coates, Elaine Posey, AFGE, AFL-CIO; National Federation of Federal Employees (NFFE), and the National Federation of Federal Employees Local 795; Metal Trades Department, AFL-CIO, Plaintiffs, and International Federation of Professional and Technical Engineers (IFPTE), AFL-CIO and CLC, Intervenor-Appellant, v. Richard B. CHENEY, Secretary of Department of Defense, et al.; H. Lawrence Garrett, III, Secretary of the Navy, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 10, 1991.

Attorney(s) appearing for the Case

Julia L. Akins, IFPTE, AFL-CIO, Silver Spring, Md., for intervenor-appellant.

Lowell V. Sturgill, Civ. Div., Dept. of Justice, Washington, D.C., for defendants-appellees.

Before BRUNETTI, KOZINSKI and RYMER, Circuit Judges.

KOZINSKI, Circuit Judge.

Once again we consider the constitutionality of a government-sponsored drug testing program, this time the Department of the Navy's random drug testing of civilian employees who hold Top Secret with Access (TSA) security clearances.

Facts

There is relatively little dispute over the facts. On June 30, 1989, the Navy issued Civilian Personnel Instruction 792-3 outlining a drug testing plan for its civilian employees. Under...

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