National Federation of Federal Employees v. Cheney

SENTELLE, Circuit Judge:

In this appeal we are called upon to assess the constitutionality of the United States Department of the Army’s practice of subjecting certain of its civilian employees to compulsory, random toxicological urine testing. Implemented in 1986, the testing program requires more than 9,000 of the Army’s 450,000 civilian employees be tested in any of four circumstances, including “[periodically ... on the basis of random criteria.” Appellees, National Federation of Federal Employees and American Federation of Government Employees — union representatives of the covered…