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Division 241 v. Suscy

decided: July 22, 1976.

DIVISION 241, AMALGAMATED TRANSIT UNION (AFL-CIO), PLAINTIFF-APPELLANT,
v.
LAWRENCE SUSCY, ET AL., DEFENDANTS-APPELLEES



Appeal from the United States District Court for the Northern District of Illinois, Eastern Division - No. 75 C 2709, Alfred Y. Kirkland, Judge.

Clark, Associate Justice (Retired),*fn* Fairchild, Chief Judge, and Cummings, Circuit Judge.

Author: Per Curiam

Plaintiff is a union that represents 5,500 bus operators and others employed by the Chicago Transit Authority (CTA). It has filed a four-count complaint under the Civil Rights Act (42 U.S.C. ยง 1983) against eight CTA officials, attacking the constitutionality of Rules 10 and 14 of the General Rule Book and of General Bulletin G2-75 of the CTA insofar as they require CTA bus operators to submit to blood and urine tests when they are involved in "any serious accident," or suspected of being intoxicated or under the influence of narcotics.

In an unreported memorandum opinion, the district court upheld the constitutionality of these rules as "both desirable and necessary" and "not * * * unreasonable." Therefore, the court granted defendant's motion to dismiss with respect to Count I of the complaint challenging the constitutionality of the CTA rules as written.*fn1

Defendants first argue that the court's order granting their motion to dismiss is not a final order. We disagree because the Union has appealed from the district court's dismissal of Count I, the only remaining count in the case. See note 1 supra. Therefore, the only question before us is the facial validity of the CTA rules.

Rule 10 of the CTA General Rule Book provides:

"Employees are subject to physical examinations and other medical tests, as deemed necessary, to assume fitness to perform their assigned duties."

Rule 14(a) provides in pertinent part:

"The following acts are not permissible: (a) Use or possession of intoxicating liquor or narcotics of any kind while on duty, or reporting for duty under the influence of same. Use of illegal drugs is forbidden whether on or off duty."

CTA General Bulletin G2-75 provides:

"Operating employees directly involved in any serious accident such as a collision of trains, collision of buses, derailment, bus and person or serious collision with vehicle or fixed object, may be required to be hospitalized for medical attention, a physical examination and/or a blood and urinalysis test.

"Employees suspected of being under the influence while on duty in violation of rule No. 19 [now 14(a)] may be required to take a blood and urinalysis test.

"Employees who are requested to take a blood and urinalysis test in accordance with rule No. 15 [now 10] and refuse will be subject to discipline under ...


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