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NIAGARA HOOKER EMP. UNION v. OCCIDENTAL CHEMICAL

No. 951, Docket 90-7868.

935 F.2d 1370 (1991)

NIAGARA HOOKER EMPLOYEES UNION, Plaintiff-Appellee, v. OCCIDENTAL CHEMICAL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 20, 1991.

Attorney(s) appearing for the Case

Thomas P. Gies, Crowell & Moring, Washington, D.C. (Victoria L. Eastus, of counsel), for appellant.

John A. Collins, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Washington, D.C. (Eugene W. Salisbury, of counsel), for appellee.

Before OAKES, Chief Circuit Judge, and CARDAMONE and WALKER, Circuit Judges.

WALKER, Circuit Judge:

Defendant-appellant Occidental Chemical Company ("Oxychem") appeals from an opinion and order of the United States District Court for the Northern District of New York, John T. Elfvin, Judge, preliminarily enjoining it from implementing random urinalysis drug testing of all "safety-sensitive" employees pending arbitration of the Union's grievance, which challenged the program as a violation of the collective bargaining contract. Because...

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