Johnson v. Massachusetts Bay Transp. Auth., 641 N.E.2d 1308 (Mass. 1994). · Go Syfert
Johnson v. Massachusetts Bay Transp. Auth., 641 N.E.2d 1308 (Mass. 1994). Cases Citing This Book View Copy Cite
22 citation events (16 in the last 25 years) across 5 distinct courts.
Strongest positive: JOSEPHUS GRANT, JR. v. MID-ISLAND MORTGAGE CORPORATION (And a Consolidated Case). (massappct, 2024-07-30)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
cited Cited as authority (rule) JOSEPHUS GRANT, JR. v. MID-ISLAND MORTGAGE CORPORATION (And a Consolidated Case).
Mass. App. Ct. · 2024 · confidence medium
Auth., 418 Mass. 783, 785 (1994).
cited Cited as authority (rule) Waxman v. Waxman
Mass. App. Ct. · 2013 · confidence medium
Authy., 418 Mass. 783, 785 (1994).
cited Cited as authority (rule) Okerman v. VA Software Corp.
Mass. App. Ct. · 2007 · confidence medium
Authy., 418 Mass. 783, 785 (1994).
discussed Cited as authority (rule) Skowronski v. Sachs
Mass. App. Ct. · 2004 · confidence medium
Authy., 418 Mass. 783, 785 (1994); District Attorney for the Hampden Dist. v. 355 Publications, 35 Mass. App. Ct. 66, 67 (1993); Sturbridge v. McDowell, 35 Mass. App. Ct. 924, 926 (1993); Macksey v. Egan, 36 Mass. App. Ct. 463 , 467 n.8 (1994), unless the summary judgment issue is on a different claim than was tried.
discussed Cited as authority (rule) Eaton v. Iowa Employment Appeal Board
Iowa · 1999 · confidence medium
Auth., 418 Mass. 783 , 641 N.E.2d 1308, 1310 (1994) (holding employer had probable cause to test employee for drugs where at the time the test was requested the employee’s “eyes [had] a very heavy look, and ... he appeared to be under the influence of something”).
discussed Cited as authority (rule) Bennett v. Massachusetts Bay Transportation Authority (2×) also: Cited "see, e.g."
Mass. Super. Ct. · 1998 · confidence medium
More recently, in Johnson v. MBTA, 418 Mass. at 786, the Court found that “requiring testing as a condition of continued employment of a probationary employee would not be impermissible coercion in [a] case involving the operator of a public conveyance” where there was probable cause to test.
discussed Cited as authority (rule) Cappellano v. Massachusetts Bay Transportation Authority
Mass. App. Ct. · 1995 · confidence medium
Authy., 418 Mass. 783, 786 (1994), the plaintiff bus driver who had been previously suspended was reinstated subject to a one-year probationary period during which any rule violation would result in his discharge.
cited Cited "see" Murphy v. City of Newton
D. Mass. · 2017 · signal: see · confidence high
See Johnson v. Massachusetts Bay Transportation Authority, 418 Mass. at 784-86 .
discussed Cited "see" Poncin v. Central Locating Service, Ltd.
Mass. Super. Ct. · 2003 · signal: see · confidence high
See Johnson v. Washington Metropolitan Area Transit Authority, 764 F.Sup. 1568, 1578 (D.D.C. 1991) (admission of drug test performed day of train accident as part of post-accident medical examination proper even though test could not narrow down when during previous week drugs were ingested, in light of delayed reaction time being consistent with cocaine use, train operator’s odd behavior immediately before and after the accident, and fact that operator denied any drug use prior to the accident despite the test results to the contrary). 6 Cf. Johnson v. MBTA, 418 Mass. at 785-86 (employee on…
Retrieving the full opinion text from the archive…
Anthony Johnson
v.
Massachusetts Bay Transportation Authority
Massachusetts Supreme Judicial Court.
Nov 10, 1994.
641 N.E.2d 1308
1994 Mass. LEXIS 601
Winston Kendall for the plaintiff., Geraldine S. Hines for the defendant.
Wilkins.
Cited by 11 opinions  |  Published
Wilkins, J.

The plaintiff (Johnson) appeals from a judgment that rejected his claim that the defendant (MBTA) unlawfully discharged him for driving a bus while under the influence of cocaine. We transferred Johnson’s appeal here on our own motion. We find no merit in Johnson’s various claims of prejudicial error. We affirm the judgment.

The MBTA employed Johnson as a bus driver. On September 26, 1985, Johnson appeared to be under the influence of alcohol on the job, failed a breathalyzer test which he took voluntarily, and was suspended indefinitely for violation of MBTA rules. On November 8, 1985, the MBTA reinstated Johnson, subject to a one-year probationary period during which any rule violation would result in his discharge.

On January 9, 1986, an MBTA passenger, who identified himself, reported by telephone to the MBTA police that he had smelled alcohol on the breath of a driver of a particular bus on the Allston-Dudley route. Two supervisors, who knew nothing of Johnson’s prior employment record, met Johnson at Dudley Street station. Each concluded that Johnson’s eyes had a very heavy look and that he appeared to be under the influence of something. When they told Johnson the reasons for their investigation, Johnson said: “No, not again.” Asked if he would submit to a breathalyzer examination, which it was his right to refuse, Johnson said that he would not. Johnson was suspended for the rest of the evening. Neither supervisor smelled alcohol on Johnson’s breath, nor did Johnson walk irregularly.

Johnson responded to instructions to appear the next morning for a physical examination, which would include urine and blood tests, and for an interview. Johnson gave oral permission to an MBTA physician for a drug and urine test. The test was a condition of Johnson’s continued employment. A laboratory’s tests of the urine sample were positive for the use of cocaine. During the January 10 interview Johnson was[*785] given written notice of his suspension pending the receipt of the test results.

On January 24, 1986, the MBTA discharged Johnson. This action followed. The trial judge found that Johnson operated an MBTA bus on January 9, 1986, under the influence of cocaine and ruled, among other things, that the MBTA had probable cause to test Johnson’s urine.

1. Johnson argues that summary judgment should have been entered in his favor. We need not consider the point. After a trial on the merits, as here, the denial of a motion for summary judgment may not be reviewed on appeal. Deerskin Trading Post, Inc. v. Spencer Press, Inc., 398 Mass. 118, 126 (1986).

2. The judge’s finding that Johnson was operating an MBTA bus on January 9, 1986, under the influence of cocaine in violation of MBTA rules was not clearly erroneous. Mass. R. Civ. P. 52 (a), 365 Mass. 816 (1974). The MBTA supervisors who saw Johnson described his eyes as having a very heavy look, and said that he appeared to be under the influence of something. The subsequent positive drug test results, which we shall conclude were properly admissible, indicated cocaine use at some time.

3. The judge was correct in ruling that the warrantless search and seizure was lawful. The MBTA had probable cause to conduct tests for drug use, and no warrant was needed in the circumstances. Johnson argues that the urine and blood tests were an unreasonable search and seizure in violation of art. 14 of the Massachusetts Declaration of Rights. The evidence warranted the conclusion of the MBTA supervisors that more probably than not Johnson had operated an MBTA bus while under the influence of alcohol or some other drug. In such circumstances an employer is entitled to require an employee to submit to blood and urine testing for drugs and alcohol.

The MBTA was not obliged to obtain a warrant. An employer providing public transportation has a duty to assure that its drivers are not impaired by alcohol or some other drug. Such a driver is not unfairly or unreasonably treated[*786] by a requirement that he promptly submit to tests for drugs when there is probable cause to believe that he has operated a vehicle under the influence of some drug.[1]

In any event, Johnson’s challenge to the admission of the test results fails because the judge was warranted in finding that he consented to these tests. Johnson claimed that he agreed to the tests only because of the coercion that he would have been terminated if he did not consent. A written consent would have strengthened the MBTA’s position on the consent issue. The judge was warranted in ruling that requiring testing as a condition of continued employment of a probationary employee would not be impermissible coercion in this case involving the operator of a public conveyance. See O’Connor v. Police Comm’r of Boston, 408 Mass. 324, 326 (1990).

4. The judge did not err in admitting the laboratory report that showed that Johnson’s urine tested positive for cocaine. The chain of custody, although less than perfectly shown, was sufficiently established to justify admission of the evidence. The results of the laboratory test were properly admitted as a business record. See G. L. c. 233, § 78 (1992 ed.).

5. Johnson himself testified that he had failed a breathalyzer test. He is thus not in a strong position to challenge the admission of the results of the September 26, 1985, breathalyzer examination “for the limited purpose of establishing the sequence of events” leading to Johnson’s termination. The judge did not improperly rely on the breathalyzer test results, and Johnson’s rights were not injuriously affected by admission of the test results.

6. The MBTA did not violate Johnson’s due process right to a hearing to clear his name after he was suspended and then terminated. The judge found that Johnson did not request a hearing. That finding is not clearly erroneous, and we[*787] need not decide whether the judge was correct in concluding that a hearing was not required in any event. See O’Connor v. Police Comm’r of Boston, supra at 331.

Judgment affirmed.

1

Because there was probable cause, we need not decide whether in some situations the responsibilities of an employee are so important to the public safety that, in the absence of consent, a public employer may nevertheless require testing for drugs on the basis of something less than probable cause.