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DEPT. OF ARMY, ABERDEEN PROVING GROUND v. FLRA

Nos. 88-1895, 88-1896, 88-1897.

890 F.2d 467 (1989)

DEPARTMENT OF THE ARMY, U.S. ARMY ABERDEEN PROVING GROUND INSTALLATION SUPPORT ACTIVITY, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. DEPARTMENT OF THE ARMY, U.S. ARMY ABERDEEN PROVING GROUND INSTALLATION SUPPORT ACTIVITY, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. DEPARTMENT OF THE ARMY, U.S. ARMY ARMAMENT, MUNITIONS AND CHEMICAL COMMAND, ROCK ISLAND, ILLINOIS, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 1, 1989.

Attorney(s) appearing for the Case

Robert V. Zener, Attorney, Dept. of Justice, with whom Jay B. Stephens, U.S. Atty. and Leonard Schaitman, Attorney, Dept. of Justice were on the brief for petitioners in all cases.

William R. Tobey, Attorney, Federal Labor Relations Authority, with whom William E. Persina, Acting Sol., Federal Labor Relations Authority, was on the brief for respondent in all cases.

Before WALD, Chief Judge, and MIKVA, Circuit Judge and GESELL, District Judge.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

In these consolidated cases, we review determinations by the Federal Labor Relations Authority ("FLRA") that union proposals concerning (1) independent testing of new and split urine samples, (2) safeguards for ensuring the qualification of testing personnel, and (3) evidentiary presumptions in demonstrations of employees' legitimate drug use, were not inconsistent with federal drug testing...

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