N.J. TRANSIT v. N.J. TRANSIT CORP.


895 A.2d 472 (2006)

384 N.J. Super. 512

NEW JERSEY TRANSIT PBA LOCAL 304, Plaintiff-Appellant, v. NEW JERSEY TRANSIT CORPORATION, and Chief Joseph C. Bober, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 12, 2006.


Attorney(s) appearing for the Case

Michael A. Bukosky argued the cause for appellant (Loccke & Correia, attorneys; Mr. Bukosky, on the brief).

Richard W. Schleifer, Deputy Attorney General, argued the cause for respondents (Peter C. Harvey, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Mr. Schleifer and Sharon Price-Cates, Deputy Attorney General, on the brief).

Colin Lynch argued the cause for amicus curiae New Jersey State Policemen's Benevolent Association (Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys; Paul L. Kleinbaum, Newark, of counsel and on the brief; Joshua I. Savitz, on the brief).

Before Judges A.A. RODRÍGUEZ, ALLEY and YANNOTTI.


The opinion of court was delivered by

RODRÍGUEZ, A.A., P.J.A.D.

In this appeal, we hold that an annual medical examination program adopted by a law enforcement public employer for its police officer employees, which requires disclosure of medical history as well as blood and urine testing, does not violate Article 1, paragraph 7 of the New Jersey Constitution, or the Fourth Amendment to the United States Constitution...

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