UTILITY WORKERS UNION v. N.L.R.B.

No. 93-1350.

39 F.3d 1210 (1994)

UTILITY WORKERS UNION OF AMERICA, LOCAL 246, AFL-CIO, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent, Southern California Edison Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 18, 1994.


Attorney(s) appearing for the Case

Glenn E. Rothner, Pasadena, CA, argued the cause and filed the briefs for petitioner.

Paul J. Spielberg, Deputy Asst. General Counsel, N.L.R.B., Washington, DC, argued the cause and filed the brief for respondent. With him on the brief were Linda R. Sher, Acting Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel, N.L.R.B., Washington, DC.

Kenneth E. Johnson, Los Angeles, CA, argued the cause and filed the brief for intervenor Southern California Edison Co. With him on the brief was Gordon E. Krischer, Los Angeles, CA.

Before: SILBERMAN, GINSBURG, and ROGERS, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Petitioner, Utility Workers Union of America, Local 246, AFL-CIO, challenges a National Labor Relations Board dismissal of a complaint alleging that Southern California Edison Co. violated § 8(a)(5) of the National Labor Relations Act (NLRA) by unilaterally implementing drug testing procedures for "red badge" employees working in the "Protected Area" of its San Onofre Nuclear...

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