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Ron Alverado; Gordon C. Arlt; David T. Bushey; Edward K. Burlsey; Lynn Hammitt; Donald Jerritt; Ira C. Martin; Will Mathews; Michael B. Parr; Art Schmidt; and David E. York, Appellants,
vs.
Washington Public Power Supply System (WPPSS) and Bechtel Construction, Inc. and/or Bechtel Power Corporation (Bechtel), Respondents
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Issues:
Pre-employment testing, safety, search, policy and procedure, Fourth Amendment.
Case Summary:
Ron Alverado and other prospective employees at a nuclear power plant appeal a trial court's ruling in their suit against Washington Public Power Supply System and Bechtel Construction, Inc. The prospective employees challenged a mandatory pre-employment drug testing policy. The group contends the policy is unconstitutional. The utility and Bechtel responded with a motion for summary judgment..
Decision of lower jurisdiction:
A district court granted the utility's motion for summary judgment. The court stated pre-employment drug screening fell within the administrative search exception to the Fourth Amendment of the U.S. Constitution. The plaintiffs now appeal.
Outcome:
The utility wins. The Washington Supreme Court affirmed the district court ruling. The court ruled that public safety outweighed the concerns of the individual prospective employees.