December 19, 2008
Fayette supports drug tests
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CHARLESTON, W.Va. -- Fayette County school board members voted unanimously Monday to support the Kanawha County Board of Education in its bid to randomly drug test teachers and other employees.

Fayette board members want to be known as friends of the Kanawha school board in its upcoming federal court case, according to a letter signed by Fayette school board President David Arritt. He addressed the letter to Kanawha school board President Becky Jordon.

Kanawha school board member Pete Thaw discussed the letter at a meeting Thursday night.

A hearing is scheduled Dec. 29 in U.S. District Court in Charleston. Judge Joseph R. Goodwin will preside over the case.

On Dec. 10, the Metro 911 governing board also voted unanimously to ask to intervene in lawsuits against the Kanawha school board. The Metro 911 center employs about 90 people, all of whom are subject to random drug tests, Director Carolyn Karr Charnock has said.

Likewise, Kanawha Commission President Kent Carper backs the school board.

On Nov. 26, the American Federation of Teachers-West Virginia filed the lawsuit in Kanawha Circuit Court against the school board. Lawyers for the school board then asked to move the lawsuit to federal court because the AFT argued that the drug testing policy violates the Fourth Amendment and other federal laws.

On Dec. 5, officials from the American Civil Liberties Union and the West Virginia Education Association filed a second lawsuit in Kanawha Circuit Court. The case has been assigned to Kanawha Circuit Judge Louis Bloom. 

Both the AFT and WVEA seek an injunction before the drug testing policy goes into effect Jan. 1. Lawyers for both teachers unions have asked to intervene in the other's case.

Under the policy, the school system next year would randomly test the urine of 832 employees, or one in four of those 3,326 workers it considers safety sensitive.

Each side seeks a definition of who is a safety-sensitive employee, as a 1990 state Supreme Court ruling found that random drug tests in private industry applied only to those workers.

School board members, who approved random drug tests by a 4-1 vote on Oct. 15, define at least 45 types of employees as safety sensitive. The list includes teachers, coaches, counselors, custodians, aides, principals, Superintendent Ron Duerring and other top county administrators, and plumbers, electricians and most maintenance workers.

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Posted By: MarshallFan (2:03pm 12-19-2008)
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Teachers are union members. They will stick together like coal miners(except for the scabs that work nonunion). Why is it that teachers are wrong sticking togethter as their union leads, but elsewhere in this state union workers are exaulted? Double standards. Give up your rights, just don't try and take away others.

Posted By: curiousme (3:25am 12-19-2008)
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That's great Fayette County-you are finally doing something right!! Wonder what the teachers are going to think? I hope they don't act like the ones in Kanawha County and try to stall the drug test and sue over this!! Come on teachers, you don't have anything to worry about if you don't do drugs, if you do drugs,then you don't need to be teaching our kids.

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