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INTERNATIONAL FEDERATION OF PROFESSIONAL & TECHNICAL ENGINEERS, LOCAL 194A v. BRIDGE COM'N

240 N.J. Super. 9 (1990)

572 A.2d 204

INTERNATIONAL FEDERATION OF PROFESSIONAL & TECHNICAL ENGINEERS, LOCAL 194A, AFL/CIO-CLC; FRANCIS A. FORST, INDIVIDUALLY AND AS BUSINESS MANAGER OF LOCAL 194A, ROBIN R. HELLER AND VINCENT DINUCCI, PLAINTIFFS-RESPONDENTS, v. BURLINGTON COUNTY BRIDGE COMMISSION; J. GARFIELD DEMARCO, JAMES LOGAN, JR. AND EVA WEISS, INDIVIDUALLY AND AS COMMISSIONERS OF THE BURLINGTON COUNTY BRIDGE COMMISSION; AND FRANCIS J. OTT, INDIVIDUALLY AND AS EXECUTIVE DIRECTOR OF BURLINGTON COUNTY BRIDGE COMMISSION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 26, 1990.

Attorney(s) appearing for the Case

Stacy L. Moore, Jr., argued the cause for appellants (Parker, McCay & Criscuolo, attorneys; Stacy L. Moore, Jr., of counsel; Richard M. Berman, on the brief).

John F. Pilles, Jr., argued the cause for respondents (Schlesinger, Schlosser & Foy, attorneys; John F. Pilles, on the brief).

Before Judges O'BRIEN, HAVEY and STERN.

The opinion of the court was delivered by STERN, J.A.D.

We hold that the drug testing of public employees physically involved in the opening and closing of bridges which cross the Delaware River may be conducted as part of an annual physical examination. Our holding is based on the totality of circumstances presented, including the nature of the work performed by the employees to be tested, the non-random nature of the test, and the fact that the test is to be conducted...

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