James Banks and Harold E. Faulkner v. Federal Aviation Administration and United States of America

JERRE S. WILLIAMS, Circuit Judge:

This case involves a final order of the Merit Systems Protection Board upholding the discharge of two United States Civil Service employees. They petitioned for review, pursuant to 5 U.S.C. § 7703. We reverse and remand.

In 1980, James Banks and Harold E. Faulkner (controllers) were Air Traffic Control Specialists at the Fort Worth Air Traffic Control Center. Their supervisor suspected them of drug usage, and they were asked in March, 1980 to submit to medical screenings. Banks and Faulkner complied with this request voluntarily and provided urine samples which…