884 F.2d 709 (3rd Cir. 1989), 88-1208, Transport Workers' Union of Philadelphia, Local 234 v. Southeastern Pennsylvania Transp. Authority

Docket Nº:Brotherhood of Railroad Signalmen, Appellants in No. 88-1208,
Citation:884 F.2d 709
Party Name:6 Indiv.Empl.Rts.Cas. 510, TRANSPORT WORKERS' UNION OF PHILADELPHIA, LOCAL 234, Appellant in No. 88-1206, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant in No. 88-1160. TRANSPORT WORKERS UNION OF AMERICA, LOCAL 2013 v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY and Louis F. Gould, Jr., Esquire, Individually and in his offi
Case Date:September 01, 1989
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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Page 709

884 F.2d 709 (3rd Cir. 1989)

6 Indiv.Empl.Rts.Cas. 510,

TRANSPORT WORKERS' UNION OF PHILADELPHIA, LOCAL 234,

Appellant in No. 88-1206,

v.

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY,

Appellant in No. 88-1160.

TRANSPORT WORKERS UNION OF AMERICA, LOCAL 2013

v.

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY

and

Louis F. Gould, Jr., Esquire, Individually and in his

official capacity as Chairman of the Board of SEPTA; Robert

J. Thompson, Individually and in his official capacity as

Vice Chairman of the Board of SEPTA; Brian W. Clymer;

Judith E. Harris, Esquire; Mary C. Harris; Thomas M.

Hayward, C.P.A.; Frank W. Jenkins, Esquire; Richard E.

Kutz, Esquire; David W. Marston, Esquire; James C. McHugh

and Franklin C. Wood, Individually and in their official

capacities as Members of the Board of SEPTA, Appellants.

BROTHERHOOD OF LOCOMOTIVE ENGINEERS, DIVISION 71 and

Brotherhood of Locomotive Engineers and Thomas C.

Brennan, Appellants in No. 88-1207,

v.

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY

and

Louis F. Gould, Jr., Esquire, Individually and in his

official capacity as Chairman of the Board of SEPTA; Robert

J. Thompson, Individually and in his official capacity as

Vice Chairman of the Board of SEPTA; Brian W. Clymer;

Judith E. Harris, Esquire; Mary C. Harris; Thomas M.

Hayward, C.P.A.; Frank W. Jenkins, Esquire; Richard E.

Kutz, Esquire; David W. Marston, Esquire; James C. McHugh

and Franklin C. Wood, Individually and in their official

capacity as Members of the Board of SEPTA, Appellants in No.

88-1162.

UNITED TRANSPORTATION UNION, Brotherhood of Railway, Airline

and Steamship Clerks, Freight Handlers, Express and Station

Employees, Brotherhood of Maintenance of Way Employees,

Brotherhood of Railroad Signalmen, Appellants in No. 88-1208,

v.

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY,

Appellant in No. 88-1163.

Nos. 88-1160, 88-1206, 88-1161, 88-1162, 88-1207, 88-1163 and 88-1208.

United States Court of Appeals, Third Circuit

Sept. 1, 1989.

On Remand From The Supreme Court of the United States June 26, 1989.

Dec. 22, 1988

Argued Aug. 30, 1988.

Page 710

John F. Smith, III, Richard S. Meyer, Hope A. Comisky, James J. Rodgers, Barbra Shotel, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, Pa., for Southeastern Pennsylvania Transp. Authority.

Michael Brodie, Michael R. Kopac, III, Sacks, Basch, Brodie & Sacks, Philadelphia, Pa., for Transport Workers' Union of Philadelphia, Local 234.

Harold A. Ross, Joseph E. Prekop, Ross & Kraushaar Co., L.P.A., Cleveland, Ohio, Cornelius C. O'Brien, Jr., Cornelius C. O'Brien, III, Cornelius C. O'Brien, Jr., P.C., Philadelphia, Pa., for Brotherhood of Locomotive Engineers, Div. 71, Thomas C. Brennan, Brotherhood of Locomotive Engineers, United Transp. Union, Brotherhood of Ry., Airline and S.S. Clerks, Freight Handlers, Express and Station Employees, Brotherhood of Maintenance of Way Employees, Brotherhood of Railroad Signalmen.

Before SLOVITER, GREENBERG and COWEN, Circuit Judges.

OPINION

SLOVITER, Circuit Judge.

I.

We consider this case on remand from the Supreme Court in light of two cases it decided last term in the rapidly developing area of constitutional and statutory law regarding employee drug testing. In our opinion in Transport Workers' Union of Philadelphia v. Southeastern Pennsylvania Transportation Authority (SEPTA), 863 F.2d 1110 (3d Cir.1988), we upheld SEPTA's program for random drug and alcohol testing of operating employees holding safety sensitive positions within SEPTA's mass transit system, but struck down...

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