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UNITED STEELWORKERS, LOCAL 12431 v. SKINNER

Civ. A. No. 90-0299B.

768 F.Supp. 30 (1991)

UNITED STEELWORKERS OF AMERICA, LOCAL 12431; and Raymond Conroy, individually and in his capacity as President of Local 12431, Plaintiffs, v. Samuel SKINNER, individually and in his capacity as Secretary, U.S. Department of Transportation; James J. Malachowski, individually and in his capacity as Administrator of State of Rhode Island Division of Public Utilities and Carriers; and Rhode Island Division of Public Utilities and Carriers, Defendants.

United States District Court, D. Rhode Island.

July 12, 1991.

Attorney(s) appearing for the Case

Amato A. DeLuca, Mandell, Goodman, DeLuca & Schwartz, Providence, R.I., for plaintiffs.

Adrienne G. Southgate, Providence, R.I., for James J. Malachowski, Rhode Island Div. of Public Utilities and Carriers.

Everett C. Sammartino, Asst. U.S. Atty., Mary E. Goetten, Brian G. Kennedy, Dept. of Justice, Civ. Div., Washington, D.C., for Samuel Skinner.

OPINION AND ORDER

FRANCIS J. BOYLE, Chief Judge.

The issue in this action is whether, under the Constitution of the United States, persons whose duties relate to the safe operation and maintenance of natural gas pipelines may be subjected to random drug testing.

The drug testing regulations at issue require that the operators of natural gas pipelines or liquified natural gas (LNG) facilities implement random drug testing of employees who "perform...

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