INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WESTERN CONFERENCE OF TEAMSTERS, Petitioner,
v.
DEPARTMENT OF TRANSPORTATION, Respondent.
AMALGAMATED TRANSIT UNION, etc., et al., Petitioners,
v.
DEPARTMENT OF TRANSPORTATION, Respondent.
RAILWAY LABOR EXECUTIVES' ASSOCIATION; United Transportation Union, Petitioners,
v.
DEPARTMENT OF TRANSPORTATION, Respondent.
RAILWAY LABOR EXECUTIVES' ASSOCIATION; Brotherhood of Maintenance of Way Employees, etc., et al., Petitioners,
v.
DEPARTMENT OF TRANSPORTATION, Respondent.
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.https://leagle.com/images/logo.png
Argued and Submitted December 11, 1989.
Decided April 26, 1991.
As Amended May 9, 1991.
Attorney(s) appearing for the Case
Lawrence A. Mann, Alper & Mann, Washington, D.C., for petitioners.
W. David Holsberry, Davis, Cowell & Bowe, San Francisco, Cal., for petitioner, Railway Labor Executives' Ass'n.
Gary Witlin, Intern. Broth. of Teamsters, Washington, D.C., for petitioner, Teamsters.
Thomas A. Feldman, McKendree, Toll & Mares, Denver, Colo., for petitioners, Oil, Chemical, and Atomic Workers Int'l Union, et al. in No. 89-70248.
Michael B. Roger, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., for petitioners, Intern. Broth. of Teamsters.
Bruce R. Lerner, Bredhoff & Kaiser, Washington, D.C., Stephen P. Berzon, Altshuler, Berzon, Nussbaum, Berzon & Rubin, San Francisco, Cal., for petitioners, Amalgamated Transit Union, et al. in No. 89-70166.
Robert Zener, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for respondents.
Robert A. Naeve, Sheppard, Mullin, Richter & Hampton, Newport Beach, Cal., for amici curiae, Atlantic Richfield Co. and Merchants & Mfrs. Ass'n.
Jeffrey W. King, Collier, Shannon & Scott, Washington, D.C., for amicus curiae, Owner-Operators Independent Drivers Ass'n of America, Inc. and Michael York.
Before TANG, SKOPIL and FLETCHER, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
TANG, Circuit Judge:
INTRODUCTION
In this consolidated case, the International Brotherhood of Teamsters, Amalgamated Transit Union, Railway Labor Executives' Association, and Oil, Chemical, and Atomic Workers Union (collectively, "the Unions") petition for review of an order issued by the Federal Highway Administration of the Department of Transportation ("FHWA") mandating various forms of drug testing for commercial motor vehicle operators. The Unions argue...
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