Earlier this year, we posted a blog about four former NYPD officers who were suing the Department over terminations after receiving false positives from the highly debated new method of hair drug testing. Click here to read the original blog.

In January 2005, the New York City Police Department announced that it would be using a new methodology for hair testing (radioimmunoassay or RIAH) for all drug screening of uniformed members. Then in August 2005, the NYPD changed its drug-testing method to using hair samples without first obtaining the unions’ consent. The unions protested that this would require collective bargaining prior to making the change. The Supreme Court agreed and ordered the NYPD to bargain with the police unions before implementing the aforementioned changes in drug-testing procedures. The Board of Collective Bargaining ruled that the expansion of the categories subject to testing, from urine to hair analysis, and the change in testing methodology should be subject to collective bargaining.

In January 2007, the City then brought about an Article 78 appeal to annul the Board’s decision arguing that hair testing was the most effective method of drug testing and that the procedures were identical to those already in effect in numerous contexts, as the NYPD already uses RIAH in certain situations. In December 2007, the Supreme Court granted the City’s petition and annulled the Board’s decision. In October 2008, the Appellate Division reversed the Supreme Court’s judgment and reinstated the Board’s decision. This resulted in yet another Supreme Court appeal.

The Court feels that since the detection and deterrence of wrongdoing within the NYPD, especially illegal drug use, is an integral component of the Police Commissioner’s responsibility to maintain discipline within the force. The Court believes that drug testing methodology and testing triggers are encompassed within the Commissioner’s disciplinary authority and therefore should be excluded from collective bargaining.

Accordingly, the Supreme Court reversed the decision of the Appellate Division, with costs, and reinstated the judgment of Supreme Court.

Read more about this Article 78 NYPD drug testing appeal.

To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.

For other interesting information in the personal injury file go to www.negligenceatty.com.