Spot Drug Tests OKd at San Onofre Nuclear Plant

A federal appellate court on Friday cleared the way for Southern California Edison to conduct random drug tests on employees at its San Onofre nuclear power plant.

Rejecting union arguments that the tests constitute an unfair change in working conditions, the U.S. 9th Circuit Court of Appeals held that the utility had neither promised nor implied that it would not change its drug-testing program.

Friday’s ruling broadened a decision reached by the same panel on May 4, when Judges Alfred T. Goodwin, J. Clifford Wallace and Arthur L. Alarcon overturned an injunction blocking the utility’s drug tests.

Friday’s action is the latest development in a legal conflict that dates back to December, 1986, when the utility modified its drug-testing program to give drug tests to employees chosen at random by a computer with less than 24 hours notice. Previous drug tests had been conducted annually, providing workers with more notice.

Opposition by Union

The new testing program, intended for about 900 workers with free access to areas nearest the nuclear plant’s reactor core, was immediately opposed by Local 246 of the Utility Workers Union of America.

Charging that the new test procedure amounted to a violation of privacy rights guaranteed under the California Constitution, the union obtained a temporary restraining order in state court blocking the tests.

The union also requested an injunction, pending arbitration, on the grounds that the tests amounted to a unilateral change in employee working conditions. A federal district court in Los Angeles granted that injunction in February, 1987, but rejected the union’s constitutional arguments.

Both sides appealed, with the union seeking to win on the constitutional issue, and the utility seeking to overturn the injunction.

Injunction Reversed

On May 4, after hearing appeals by both sides, the appellate court reversed the injunction and also ruled that federal labor law takes precedence over the union’s claims of privacy.

In Friday’s action, the judges issued an amendment to that decision, holding that it was proper to overturn the injunction because Edison had neither promised nor implied it would change its drug testing procedures.

Utility spokesman Lewis Phelps said Friday that drug testing among nuclear power plant workers “is appropriate to protect public safety.”

Adam Radinsky, a lawyer for the union, said a petition for a rehearing of the May decision before the U.S. 9th Circuit Court of Appeals is still pending, but he acknowledged that, in light of Friday’s decision, it very likely will be denied. He said the union will appeal to the U.S. Supreme Court if necessary.