Random testing, safety sensitive, refusal, policy and procedure, due process.

William Boesche appeals a lower court's ruling in his case against the Raleigh-Durham Airport Authority, his former employer. Airport officials dismissed Boesche after he refused to participate in a federally-mandated drug test required for all airport employees in safety-sensitive positions. Boesche argued that the policy violated constitutionally protected rights and that he was wrongfully discharged. Airport officials responded with a motion to dismiss.

The Superior Court of Orange County granted defendant's motion to dismiss on all counts. Boesche now appeals.

Boesche loses. The North Carolina Court of Appeals affirmed the decision of the lower jurisdiction. The court noted that Boesche never submitted to the drug test. Therefore, his constitutional rights were never violated.