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AFSCME LOCAL 2623 v. DEPT. OF CORRECTIONS

CA A62602; SC S38764.

843 P.2d 409 (1992)

315 Or. 74

AFSCME LOCAL 2623, Dave Versteeg, and Kay Woosley, Petitioners on Review, v. DEPARTMENT OF CORRECTIONS, State of Oregon, and Fred Pearce, Director, Respondents on Review.

Supreme Court of Oregon, In Banc.

Decided December 24, 1992.

Attorney(s) appearing for the Case

Barbara J. Diamond, Portland, argued the cause and filed the petition for petitioners on review. With her on the petition was Bennett and Durham, Portland.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause and filed the response for respondents on review. With him on the response were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

GILLETTE, Justice.

This administrative law case involves a challenge to rules promulgated by the Oregon Department of Corrections (the Department). The rules permit the Department to ask employees to submit, under certain specified circumstances, to a search of their person and possessions. OAR 291-41-005 to 291-41-045. Two employees and their union1 sought judicial review of those rules in the Court of Appeals under ORS 183.400.

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