Holliday v. City of Modesto

Opinion

THAXTER, J.

May a public employer order one of its employees, on pain of suspension, demotion, or termination, to submit to drug testing without first complying with the “meet and confer” requirements of the MeyersMilias-Brown Act (Gov. Code, 1 § 3500 et seq., hereinafter MMBA)? Under the circumstances of this case, we answer the question no.

Summary of Facts and Procedural History

Appellant Jerry Allen Holliday concedes there is no factual dispute on appeal.

Holliday was a fire lieutenant with the City of Modesto, having been employed with the fire department for some 18 years. His past…