Derwinski
American Federation of Government Employees, L-2110 v. Derwinski
Opinion
Opinion
Ingram, J.
MEMORANDUM OF DECISION
These consolidated actions challenge and seek to enjoin the implementation of the testing components of the Veterans Administration Drug Free Workplace Plan adopted by the Veterans Administration, 53 Fed.Reg. 11970 (the “Plan”) in response to the provisions of Executive Order 12564.51 Fed.Reg. 32889.
This court has previously granted preliminary injunctions restraining implementation of the Plan’s testing provisions with respect to random, post-accident and reasonable suspicion testing. Now before the court are cross motions for summary judgment and defendants’ motion to vacate preliminary injunctions.
Each of the motions are GRANTED in part and DENIED in part, as hereinafter provided.
There are six different categories of persons or situations which, under the Plan, can trigger urinalysis drug testing to discern the presence in the body of marijuana, cocaine, the opiates, the amphetamines and phencyclidine (“PCP”). These are random testing, reasonable-suspicion testing, post-accident testing, follow-up testing, applicant testing and voluntary testing.
Plaintiffs in Action No. 88-20361 challenge random, post-accident, reasonable-suspicion and follow-up…