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INTERN. BROTH. OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA v. SOUTHWEST AIRLINES CO.

No. 87-1085.

842 F.2d 794 (1988)

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AIRLINE DIVISION & Teamsters Local 19, Plaintiffs-Appellees, v. SOUTHWEST AIRLINES CO., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 21, 1988.

Attorney(s) appearing for the Case

J. Joe Harris, San Antonio, Tex., for defendant-appellant.

James L. Hicks, Jr., Hal K. Gillespie, Dallas, Tex., and Wilma B. Liebman, Washington, D.C., for plaintiffs-appellees.

Before GOLDBERG, JOHNSON and WILLIAMS, Circuit Judges.

IRVING L. GOLDBERG, Circuit Judge:

Southwest Airlines appeals from the District Court's conclusion that this controversy between Southwest and its mechanics over implementation of a program of mandatory testing for drug and alcohol use constitutes a "major" dispute as defined by the Railway Labor Act. We therefore review the District Court's legal conclusions that the program involves a mandatory subject of bargaining and that the program is not "arguably justified...

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