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INTERNATIONAL FEDERATION OF PROFESSIONAL & TECHNICAL ENGINEERS LOCAL 194A AFL/CIO-CLC; FRANCIS A. FORST INDIVIDUALLY AND AS BUSINESS MANAGER OF LOCAL 194A; ROBIN R. HELLER AND VINCENT DINUCCI, PLAINTIFFS-RESPONDENTS
vs.
BURLINGTON COUNTY BRIDGE COMMISSION; J. GARFIELD DEMARCO JAMES LOGAN JR. AND EVA WEISS INDIVIDUALLY AND ASCOMMISSIONERS OF THE BURLINGTON COUNTY BRIDGE COMMISSION; AND FRANCIS J. OTT INDIVIDUALLY AND AS EXECUTIVE DIRECTOR OF BURLINGTON COUNTY BRIDGE COMMISSION DEFENDANTS-APPELLANTS


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Issues:
Reasonable suspicion, public employee, collective bargaining, policy and procedure, union issues..
 
Case Summary:
Robin Heller and Vincent DiNucci, former employees of the Burlington County Bridge Commission, appeal a lower court's ruling that upholds the constitutionality of the commission's testing program. The pair were employed as bridgetenders and had agreed to submit to a drug test. Commission officials cited probable cause as the reason for the test. Both employees posted positive results and were subsequently dismissed. The union representing the employees filed suit against the commission. The union claimed the commission's testing program violated the employees' rights under the First, Fourth and Fifth Amendments.
 
Decision of lower jurisdiction:
A trial court judge ruled that the testing program was unconstitutional. The court ordered the workers reinstated. Upon appeal, the Superior Court reversed the lower court's ruling. The employees now appeal.
 
Outcome:
Heller and DiNucci lose. The Superior Court, Appellate Division, ruled that the testing policy was constitutional. The court said public safety must come before the privacy rights of an individual employee.