Cheney
American Federation of Government Employees, Local 1533 v. Cheney
Opinion
Opinion
Jensen, J.
ORDER REGARDING CROSS-MOTIONS FOR PRELIMINARY INJUNCTION AND FOR SUMMARY JUDGMENT
On January 31, 1990, in a consolidated hearing the Court heard plaintiffs’ motions for preliminary injunction and defendants’ motions for summary judgment as to disputed provisions of the Department of the Navy’s Drug-Free Workplace Program drug testing plan for civilian employees (“the Plan”).
At the hearing the Court GRANTED IFPTE’s motion to intervene and gave IFPTE and defendants leave to file further briefing on random testing of personnel holding top secret with access security clearances.
The scope of hte drug testing plan under challenge here is quite broad, designating approximately 80,000 civilian Naval employees in over 100 separate job positions for potential random drug testing; in addition, all civilian Naval employees, number ing over 300,000 worldwide, will be subject to the post-accident and reasonable suspicion testing provisions of the Plan. The legal challenge is almost as broad, challenging the post-accident and reasonable suspicion provisions as well as the random testing provisions for all but a handful of the designated job positions.