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NATIONAL TREASURY EMPLOYEES UNION v. Von RAAB

No. 86-3833.

816 F.2d 170 (1987)

NATIONAL TREASURY EMPLOYEES UNION and Argent Acosta, President, Chapter 168, National Treasury Employees Union, Plaintiffs-Appellees, v. William Von RAAB, Commissioner, United States Customs Service, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 22, 1987.

Attorney(s) appearing for the Case

Richard K. Willard, Asst. Atty. Gen., James M. Spears, Robert J. Cynkar, Deputy Asst. Attys. Gen., Robert V. Zener, Brook Hedge, Richard Greenberg, Brian Kennedy, Robert Chesnut, Leonard Schaitman, Dept. of Justice, Appellate Staff, Civil Div., Washington, D.C., for defendant-appellant.

Joyce A. Foreman, Sacramento, Cal., amicus curiae, for Foreman.

Nelson G. Dong, Terence M. Kelly, Palo Alto, Cal., amicus curiae, for PharmChem Laboratories, Inc.

Lois G. Williams, Charles C. Garretson, Elaine D. Kaplan, Nat. Treasury Employees Union, Washington, D.C., for plaintiffs-appellees.

William P. Quigley, ACLU, David C. Whitmore, New Orleans, La., amicus curiae, for ACLU.

Before RUBIN, HILL, and EDWARDS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A union challenges a program adopted by the Customs Service requiring employees seeking transfer to certain sensitive jobs to submit to urine testing for drug use. The prevention of illicit drug use has become a major national concern. Congress has appropriated unprecedented sums to interdict drug smuggling, the President has issued an executive order requiring all federal agencies to adopt programs that will eliminate drugs from the...

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