Battaglia v. New York City Transit Authority

*385The requirement that the petitioner submit to a return-to-work drug test pursuant to the respondent’s Drug Policy and Instruction, agreed to by the petitioner’s union in the applicable collective bargaining agreement, contrary to the finding of the trial court, was not unconstitutional. Certain constitutional rights of individual public employees represented by collective bargaining agents may be waived by the consent of those agents (Matter of Briggs v Stangl, 222 AD2d 672, 673, citing, Antinore v State of New York, 49 AD2d 6, 10, affd 40 NY2d 921; Buffalo Police Benevolent Assn. v City of…