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IBEW, LOCAL 1245 v. SKINNER

Nos. 89-70061, 89-70308.

913 F.2d 1454 (1990)

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245; International Brotherhood of Electrical Workers, Local 465, et al., Petitioners, v. Samuel SKINNER, Secretary, U.S. Department of Transportation; Research & Special Programs Administration of the U.S. Department of Transportation, Respondents. The OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION ("OCAWIU"), and Locals 1-219, 1-128 and 1-5, et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, National Transportation Safety Board, et al., Respondents.

United States Court of Appeals, Ninth Circuit.

Decided September 12, 1990.

As Amended November 20, 1990.

Attorney(s) appearing for the Case

Carol R. Golubock, Service Employees Intern. Union, Victoria L. Bor, Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Washington, D.C., Mary-Win O'Brien, United Steelworkers of America, Pittsburgh, Pa., John W. McKendree, Oil, Chemical and Atomic Workers Intern. Union, Lakewood, Colo., for petitioners.

Stuart M. Gerson, Asst. Atty. Gen., Ira C. Lupu, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., for respondents.

Before SNEED, FARRIS and FERNANDEZ, Circuit Judges.

SNEED, Circuit Judge:

This Nation's struggle to combat the use of narcotic drugs has taken a number of forms, including education, increased expenditures for treatment and law enforcement, and the establishment of methods aimed at detecting drug abuse among workers. In this case we confront challenges to a rule promulgated by the Research and Special Programs Administration (RSPA) of the United States Department of Transportation (DOT). The rule requires extensive...

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