UNION SUES TO STOP POST OFFICE DRUG TESTS

The union representing workers at the downtown post office is suing to stop
random drug testing of workers, arguing that the tests violate the union's
labor agreement with the U.S. Postal Service.

The Milwaukee local of the American Postal Workers Union had asked for an
emergency order to stop drug tests that were planned over the next three
months for a specific post office worker. But Charles Guadagnino, an
assistant U.S. attorney representing the Postal Service, said Monday the
emergency request is moot, because the post office voluntarily is agreeing
to delay any testing of the worker until the union lawsuit can be resolved.

Guadagnino said the lawsuit has been assigned to U.S. District Judge Myron
Gordon; so far, no court hearings have been scheduled. The lawsuit, filed
in federal court in Milwaukee, said the postal union initially filed a
grievance over the random drug testing of workers. But since that grievance
won't be resolved in the next three months -- too long to affect the
worker's case -- the union decided to go ahead and file the suit.

As part of a fitness for duty examination, the employee underwent a drug
screen test. Although he passed, the lawsuit said, Postal Service
management in June ordered him to undergo monthly random drug testing over
the next three months.

The Postal Service has the right, under limited circumstances, to order
drug testing of certain employees, but cannot order testing without first
making a medical determination that such tests are necessary, the lawsuit
said. In an affidavit included in the lawsuit, Paul McKenna, president of
the American Postal Workers Union local, said he had requested whatever
reports the Postal Service used to decide that the employee should undergo
random drug testing. So far, he said, the Postal Service has refused to
release the reports.

Robert Haney, a lawyer representing the postal union, said Monday the
random drug testing issue only underscores the widely reported series of
problems at the downtown post office.

The Milwaukee local represents about 2,300 postal workers, most of whom are
at the downtown facility, with some others in Waukesha and Racine. The
Milwaukee local alone has a two-year backlog of 6,000 grievances -- about
2.7 grievances per worker, Haney said. "This drug testing issue typifies
what many members believe is an attitude by the management that they can do
what they want to," Haney added.

The union's argument that Postal Service management cannot order random
drug testing without first showing a need for the tests is based on a 1990
arbitrator's decision in New York, Haney said.

The federal courts in Milwaukee may overturn that ruling, but at least that
will clear the air, he said.

"If we are wrong, at least we'll know what their rights are," Haney said.
"When you go to work and you don't know what your boss can and cannot do to
you, that just contributes to that aura."

Checked-by: (Joel W. Johnson)