$3.$ The U$.$S$.$ Forest Service operates twenty$-$eight Job Corps Civilian ConservaZon Centers.

These centers are residenZal faciliZes located in remove, rural areas They offer educaZon,

vocaZonal training, and counseling. Students, ages $16-24,$ engage in work$-$based learning to

Employment Law $38$:$533$:$566$:$90$ Final Exam

$4$

conserve, develop, and manage public natural resources and public recreaZonal areas. Students

are subject to the Job Corps Zero Tolerance Policy, under which a second posiZve test for drug use

results in the expulsion from the Job Corps. Job candidates and employees of Job Corps Centers

are subject to considerable scruZny, including extensive background checks. All employees are

responsible for $$modeling$,$ mentoring, and monitoring$$ appropriate workplace behavior. Forest

Service Job Corps Center employees include $(1)$ administraZve staff such as clerks, computer

assistants, and medical records technicians; $(2)$ educaZonal staff including classroom and driver$$s

educaZon teachers; $(3)$ counseling staff including guidance and drug$/$alcohol counselors; $(4)$

vocaZonal training staff; and $(5)$ residenZal and recreaZonal employees include social service and

recreaZon assistants. Following an invesZgaZon by a Senate commicee that idenZfied a drug

problem among Job Corps students, the Job Corps Zero Tolerance Policy was established. All staff

were instructed that they would be held accountable for acZvely supporZng and implemenZng

the policy and that they would be held to the same standards of conduct as students. Aeer several

false starts, the Forest Service implemented a random drug$-$tesZng program to which all Job Corps

Civilian ConservaZon Center staff were subject. A union sued on behalf of the employees

challenging the drug$-$tesZng program.

a$.$ Describe the issues relaZng to random drug tesZng policies and employees.

b$.$ What should the court decide and why?