Railway Unions Sue Amtrak to Bar Drug, Alcohol Testing

The Railway Labor Executives’ Assn. and 18 of its member unions sued Amtrak, the national railroad passenger service, on Friday in an effort to bar drug and alcohol testing of employees.

The association asked the U.S. District Court to declare Amtrak’s drug and alcohol testing program, based on federal regulations published last year, unconstitutional.

The lawsuit seeks to declare illegal the testing of employees who are directly related to the movement of trains, such as locomotive engineers and brakemen.

Alcohol Problems Cited

Amtrak spokesman John Jacobsen said the railroad’s attorneys had not seen the suit.

“Amtrak’s drug and alcoholic testing regulations are completely in accord with the Federal Railway Administration’s rule making, which was announced several months ago,” Jacobsen said. “It (the suit) is almost a challenge to the federal regulations.”

The federal government took steps last July to curb alcohol problems by railroad workers, giving railroads power to test employees when alcohol or drug abuse is suspected and making it illegal for train operators to be drunk on duty.

The rules, under preparation for two years and debated for more than a decade, were the first of their kind in a nationwide transportation industry.

Suit’s Complaint

The lawsuit complained that the regulations apply only to those employees covered by the Hours and Service Act, those who operate the trains.

However, the suit said, Amtrak “has subjected the non-covered employees to Breathalyzer, urine and blood testing upon penalty of furlough or dismissal.”

The unions said Amtrak’s actions “constitute a unilateral change in the major conditions of employment.”