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International Brotherhood of Electrical Workers Local 1245; International Brotherhood of Electrical Workers Local 465 et al. Petitioners
vs.
Samuel Skinner Secretary U.S. Department of Transportation; Research & Special Programs Administration of the U.S. Department of Transportation Respondents. The Oil Chemical and Atomic Workers International Union ("OCAWIU") v. Department of Transportation National Transportation Safety Board et al. Respondents
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Issues:
, Random testing, public employees, policy and procedure, safety. Fourth Amendment.
Case Summary:
The International Brotherhood of Electrical Workers, Local 465 challenges the constitutionality of all forms of drug testing required by the Department of Transportation for natural gas pipeline workers. The union argued the DOT failed to demonstrate a safety issue in the pipeline industry that justified testing, and that the department's proposed testing plan invades workers' privacy. The department responded with a petition for judicial review.
Decision of lower jurisdiction:
This is the first judicial review of this case.
Outcome:
The union loses. The Court of Appeals for the Ninth Circuit ruled that public safety must come before individual privacy rights. The court noted that the proposed testing policy was reasonable and included measures to safeguard the security of test results.