Edgerton

This appeal concerns the propriety of employee drug testing during off-duty work hours. The Department of Transportation (Cal-trans) appeals from a judgment entered in favor of respondents International Union of Operating Engineers (IUOE) and Perrin Edgerton directing Cal-trans to reinstate Edgerton to his former position with backpay, and from the judgment in favor of IUOE granting lUOE’s motion for summary adjudication and enjoining Caltrans from conducting follow-up drug tests during an employee’s off-duty time. Caltrans contends that the trial court erred in setting aside the State Personnel Board’s decision terminating Edgerton based on a positive drug test, that off-duty drug testing does not violate an employee’s constitutional right to privacy, and that the court erred in awarding attorney fees to respondents. We affirm.

Factual Background

In October 1995, Edgerton, an equipment operator for Caltrans, failed a random drug test by testing positive for marijuana. Caltrans issued a notice of adverse action and dismissed Edgerton effective November 17, 1995. Edgerton and Caltrans thereafter entered into a stipulated settlement before the State Personnel Board…