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BROTH. OF LOCOMOTIVE ENG. v. BURLINGTON NORTHERN

No. 85-4137.

838 F.2d 1087 (1988)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 11, 1988.

Attorney(s) appearing for the Case

Harold A. Ross, Cleveland, Ohio, for plaintiff-appellant.

Richard J. Schreiber, Fort Worth, Tex., for defendant-appellee.

Before TANG, PREGERSON, and ALARCON, Circuit Judges.

PREGERSON, Circuit Judge:

In this appeal, we must decide whether the Railway Labor Act ("RLA") bars Burlington Northern Railroad Company ("BN") from unilaterally implementing a mandatory urine testing program designed to restrict alcohol and narcotics use by on-duty railroad workers. The program requires the entire operating crew of a train to submit to urinalysis when the train is involved in a "human factor" accident unless "responsibility [for the accident] is...

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