BMWE v. CHICAGO & NORTH WESTERN TRANSP.

No. 92-2079.

514 N.W.2d 90 (1994)

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES Chicago and North Western System Federation, David C. Otis, Earl E. Ewoldt, Thomas D. Cook, and Robert W. Hallady, Appellants, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Appellee. Dan R. MENTER and Harlan E. Smith, Appellants, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Appellee. Stanley W. WOLDEIER, Clifford H. Gildea, Ronald R. Scarberry, and Brotherhood of Maintenance of Way Employees Chicago and North Western System Federation, Appellants, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Appellee.

Supreme Court of Iowa.

As Amended on Denial of Rehearing April 20, 1994.


Attorney(s) appearing for the Case

Harry W. Zanville of Zanville and Zimmermann, Waterloo, for appellants.

Bruce E. Johnson of Gamble & Davis, P.C., Des Moines, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, SNELL, and ANDREASEN, JJ.


CARTER, Justice.

Railway employees and railway employees' union appeal from the dismissal, on federal law preemption grounds, of their efforts to enjoin implementation of their employer's drug testing policies. We affirm the judgment of the district court, albeit for somewhat different reasons than that court advanced.

All of the individual plaintiffs are employees of defendant, Chicago and North Western Transportation Company (CNW), and members of plaintiff...

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