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UTILITY WORKERS OF AMERICA v. SOUTHERN CAL. EDISON

Nos. 87-5674, 87-5702.

852 F.2d 1083 (1988)

UTILITY WORKERS OF AMERICA, LOCAL NO. 246, AFL-CIO; Jeanette Cintron; Alan Rook, Plaintiffs-Appellants, Cross-Appellees, v. SOUTHERN CALIFORNIA EDISON COMPANY, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 4, 1988.

As Amended August 19, 1988.

Attorney(s) appearing for the Case

Glenn Rothner and Adam Radinsky, Reich, Adell & Crost, Los Angeles, Cal., for plaintiffs-appellants.

Charles R. Kocher, John W. Evans and Mark E. Mikulka, Rosemead, Cal., for defendants-appellees/cross appellants.

Before GOODWIN, WALLACE and ALARCON, Circuit Judges.

GOODWIN, Circuit Judge:

This case requires us to decide whether section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1982), preempts a union's claim that an employer's unilaterally implemented drug-testing program violates rights guaranteed by the California Constitution.

Utility Workers of America, Local 246, appeals the order dismissing its state constitutional law claims arising out of the implementation of random drug testing of employees...

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