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N.J. TRANSIT PBA LOCAL 304 v. NJ TRANSIT CORP.

151 N.J. 531 (1997)

701 A.2d 1243

NEW JERSEY TRANSIT PBA LOCAL 304, PLAINTIFF-APPELLANT, v. NEW JERSEY TRANSIT CORPORATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided September 25, 1997.

Attorney(s) appearing for the Case

Stephen B. Hunter argued the cause for appellant (Klausner and Hunter, attorneys).

Robert A. Shire, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General of New Jersey, attorney; Jeffrey C. Burstein, Deputy Attorney General, of counsel; Mr. Shire and Eldad Phillip Isaac, Deputy Attorney General, on the briefs).

James Katz argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Tomar, Simonoff, Adourian, O'Brien, Kaplan, Jacoby & Graziano, attorneys).

Anthony J. Fusco, Jr., submitted a brief on behalf of amicus curiae New Jersey State Lodge of Fraternal Order of Police.

Paul L. Kleinbaum, submitted a brief on behalf of amicus curiae New Jersey State Policemen's Benevolent Association (Zazzali, Zazzali, Fagella & Nowak, attorneys).

The opinion of the Court was delivered by PORITZ, C.J.

To comply with regulations promulgated by the Federal Transit Administration ("FTA"), defendant, New Jersey Transit Corporation ("NJ Transit" or "Agency"), adopted a drug and alcohol testing policy that includes random testing of employees responsible for safety-sensitive functions. Plaintiff New Jersey Transit PBA Local 304 ("PBA" or "plaintiff"), challenged the constitutionality...

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