James A. Webster & Another v‪.‬

Civil action commenced in the Superior Court Department on September 26, 1990. A motion for summary judgment was heard by
Patti B. Saris, J., and claims by the plaintiffs under G. L. c. 214, § 1B, the Massachusetts Privacy Act, were heard
by her. The Supreme Judicial Court granted a request for direct appellate review. NOLAN, J. This case concerns the propriety of a drug testing program instituted by the defendants Motorola Communications
and Electronics, Inc. (Motorola Communications) and Codex Corporation (Codex), which are subsidiaries of the defendant Motorola,
Inc. (Motorola). The plaintiffs, James A. Webster and Michael P. Joyce, appeal from the summary judgment against them on their
claims brought under G. L. c. 12, § 11I (1992 ed.), the Massachusetts Civil Rights Act (MCRA), and Webster appeals
the ruling and decision of the trial Judge who was also the motion Judge in favor of the defendants on his claim under G.
L. c. 214, § 1B (1992 ed.), the Massachusetts Privacy Act. The defendants cross appeal the trial Judge's decision
in favor of Joyce on his claim under c. 214B. We granted the defendants' application for direct appellate review. We affirm.
The facts follow.