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AFGE, LOCAL 1616 v. THORNBURGH

August 23, 1991

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1616, et al., Plaintiffs,
v.
RICHARD L. THORNBURGH, ATTORNEY GENERAL, et al., Defendants.


INGRAM


The opinion of the court was delivered by: WILLIAM A. INGRAM

The parties' cross-motions for summary judgment were submitted on July 29, 1991 for decision without oral argument pursuant to Local Rule 220-1. Having considered the moving papers submitted by the parties and the arguments contained therein, and good cause appearing, IT IS HEREBY ORDERED THAT EACH OF THE PARTIES' MOTIONS IS GRANTED IN PART AND DENIED IN PART.

 Plaintiffs challenge three types of drug testing which the INS desires to conduct pursuant to its Drug Free Workplace-Applicant and Employee Drug Testing Program. Specifically, plaintiffs challenge random, reasonable suspicion, and accident or unsafe practice testing. The court is guided in resolving the present motions by its recent decision involving similar if not identical testing proposed by the Veterans Administration. See AFGE v. Derwinski, C-88-20357-WAI, July 31, 1991, attached as Exhibit A.

 Random Testing

 As matters currently stand under the preliminary injunction previously entered and modified by the court, random testing is permitted for those employees who either carry firearms, are engaged in drug interdiction, and/or have access to 'truly sensitive' information, i.e. those employees with a national security classification of "Secret" or "Top Secret" or who had access to "Sensitive Compartmented Information." Random testing of employees in the Employee Assistance Program position in the Miscellaneous Class is also permitted because of the direct role those employees play in rehabilitating admitted illegal drug users employed by INS. Random testing of certain Testing Designated Positions, however, is prohibited. Those positions for which random testing is currently enjoined are:

 1) Personnel Management Specialist (Security Work Class)

 2) Security and Information Technician (Security Work Class)

 3) Food Service Workers Group (Other Law Enforcement Class)

 4) Nurse (Health and Safety Class)

 5) Firefighter (Health and Safety Class)

 6) Five Positions in the Financial Commitment and Monies Handling Class

 7) Testing Designated Positions having access to classified information and law enforcement information in the Computer and Communications System Class

 8) Attorneys responsible for assisting in terrorism or drug prosecution ...


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