American Federation Of Government Employees, Afl-Cio v. Roberts

9 F.3d 1464 9 IER Cases 285 AMERICAN FEDERATION of GOVERNMENT EMPLOYEES, AFL-CIO; Benita Mays; American Federation of Government Employees, AFL-CIO (AFGE), Plaintiffs-Appellees, v. Rob ROBERTS, Warden; Michael Quinlan; Janet Reno, * Attorney General of the United States, Defendants-Appellants. No. 92-16298. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 1, 1993. Decided Nov. 30, 1993. Lowell Sturgill, Asst. Atty. Gen., U.S. Dept. of Justice, Washington, DC, for defendants-appellants. Joe Goldberg, American Federation of Government Employees, Washington, DC, for plaintiffs-appellees. Appeal from the United States District Court for the Northern District of California. Before: CHOY, CANBY, and NOONAN, Circuit Judges. NOONAN, Circuit Judge: 1 The Attorney General and the Federal Bureau of Prisons (collectively the Bureau) appeal a permanent injunction of the district court against the Bureau's drug testing program. We reverse in part and remand. BACKGROUND 2 By executive order of September 15, 1986, the President of the United States directed each agency in the Executive Branch to establish a program to test employees in sensitive positions for the use of…