Court of Appeals continues stays on direct observation rule

CLEVELAND, November 13 — In an order issued yesterday, the United States Court of Appeals for the District of Columbia Circuit has extended its stay of the implementation of a Department of Transportation regulation that would require direct observation of urine specimen donation in all return-to-duty and follow-up drug tests, which was to take effect on November 1.

The stay will remain in effect until the Court considers and rules on challenges to the constitutionality and legality of mandatory direct observation and an associated “strip search” requirement that were filed by nine unions — including the BLET and International Brotherhood of Teamsters — and the BNSF Railway.

The Court also issued the following briefing schedule:

·  The Joint Brief of Petitioners is due on December 12, 2008.

·  The Brief of Respondent DOT is due on January 12, 2009.

·  The Joint Reply Brief of Petitioners is due on January 26, 2009.

In addition, the Court directed that the case be placed on the argument calendar on the first available date following completion of briefing.

Thursday, November 13, 2008
bentley@ble.org

http://www.ble.org/pr/news/newsflash.asp?id=4730