Union Opposes Random Drug Testing by RTD

The RTD bus drivers’ union will fight mandatory random drug testing of it members because such tests would be unconstitutional, the head of the union said Thursday.

The announcement by Earl Clark, general chairman of the United Transportation Union, appeared to slam the door on any agreement to allow the Southern California Rapid Transit District to randomly test employees for drugs. An accord had appeared possible last month when Clark told the Los Angeles County Board of Supervisors that the union might support random tests if they were reliable and constitutional.

The testing issued flared after two recent bus accidents that injured 43 people and involved drivers found to have drugs in their systems.

“Our attorneys have advised us that random testing violates the 4th Amendment,” Clark said Thursday. “We cannot allow (the RTD) to do things they are not legally allowed to do. . . . We would oppose it.”

RTD Board Talks

Clark’s comments came outside an RTD Board of Directors meeting where General Manager John Dyer reported that progress was being made in negotiations with employee unions to strengthen the transit district’s anti-drug abuse policies. The talks were begun at the request of the Los Angeles County Board of Supervisors after the accidents. The RTD board will present its recommended changes within 30 days.

Dyer said policy changes could include eye-dilation tests of employees as they come on duty or during working hours and the use of trained dogs to locate drugs on RTD grounds.

Roger L. Kundert, RTD’s director of employee relations, said random drug tests are still being discussed, but he also hinted that constitutional problems may preclude their use. “We have been advised that the whole (legal) issue is ambiguous,” he said.

Clark insisted that the union also is concerned about drug abuse and rider safety, saying the union would support searches of drivers’ lockers and possibly a testing program for drivers with excessive absenteeism. But he said the union would oppose the use of dogs to detect drugs on drivers and said he is unsure whether the union would agree to random eye-dilation tests of employees--in both cases because they may violate individuals’ rights.

Hahn Presses On

Supervisor Kenneth Hahn, who has pushed hardest for random drug testing of drivers, will continue to press for the tests, an aide said. “His feeling is public safety takes precedence over any claims of individual rights of drivers,” said Dan Wolf, Hahn’s press spokesman.

Dyer and Clark said the RTD already has one of the toughest drug detection and discipline policies in the country. Employees can be tested after an incident, such as a fight or an accident, in which their actions or performance draw suspicion. Since the RTD toughened its drug detection policy last year, 33 employees have been fired and 284 have completed rehabilitation programs. About half of those found to have drug problems were drivers.