International Brotherhood of Teamsters, Chauffeurs, Western Conference of Teamsters v. Department of Transportation

Good Law

91 Daily Journal DAR 4798·932 F.2d 1292·1991 CCH OSHD 29,328·6 I.E.R. Cas. (BNA) 647·1991 U.S. App. LEXIS 7352

United States Court of Appeals for the Ninth CircuitApril 26, 1991Nos. 89-70165, 89-70166, 89-70185, 89-70186 and 89-70248California8,388 words

Opinion

lead Opinion

Tang, J.

INTRODUCTION

In this consolidated case, the International Brotherhood of Teamsters, Amalgamated Transit Union, Railway Labor Executives' Association, and Oil, Chemical, and Atomic Workers Union (collectively, “the Unions”) petition for review of an order issued by the Federal Highway Administration of the Department of Transportation (“FHWA”) mandating various forms of drug testing for commercial motor vehicle operators. The Unions argue that the planned implementation of random, pre-em-ployment, post-accident, and biennial drug testing violates the drivers’ fourth amendment right against unreasonable searches. The Unions also contend that the FHWA acted arbitrarily and capriciously in promulgating the regulations. We hold that these regulations do not run afoul of the fourth amendment. Neither was the FHWA’s decision to promulgate the regulations arbitrary or capricious. Accordingly, we deny the petition for review.

BACKGROUND

A. The Testing Program

On June 14, 1988, the FHWA published a notice of proposed rulemaking, in which it proposed that certain commercial drivers be tested for the use of controlled substances. 53 Fed.Reg. 22,268 (1988). Over the ensuing months, the…

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Parties

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WESTERN CONFERENCE OF TEAMSTERS
Plaintiff
DEPARTMENT OF TRANSPORTATION AMALGAMATED TRANSIT UNION, etc. v. DEPARTMENT OF TRANSPORTATION RAILWAY LABOR EXECUTIVES' ASSOCIATION United Transportation Union v. DEPARTMENT OF TRANSPORTATION RAILWAY LABOR EXECUTIVES' ASSOCIATION Brotherhood of Maintenance of Way Employees, etc. v. DEPARTMENT OF TRANSPORTATION The OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION , and Locals 1-219, 1-128 and 1-5 v. DEPARTMENT OF TRANSPORTATION, NATIONAL TRANSPORTATION SAFETY BOARD
Defendant

Judges

Fletcher
Skopil
Tang

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