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UNITED FOOD & COMMERCIAL WORKERS v. FOSTER POULTRY

No. 94-16152.

74 F.3d 169 (1995)

UNITED FOOD & COMMERCIAL WORKERS INTERNATIONAL UNION, LOCAL 588, Plaintiff-Appellee, v. FOSTER POULTRY FARMS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 18, 1995.

As Amended on Denial of Rehearing January 30, 1996.

Attorney(s) appearing for the Case

Marc A. Smyer, Orrick, Herrington & Sutcliffe, San Francisco, California, for the defendant-appellant.

Donald C. Carroll, Carroll & Scully, San Francisco, California, for the plaintiff-appellee.

Before: Harry Pregerson, Melvin Brunetti, and T.G. Nelson, Circuit Judges.

PREGERSON, Circuit Judge:

Foster Poultry Farms ("Foster") appeals the district court's summary judgment confirming an arbitration award in favor of the United Food and Commercial Workers Union, Local 588, UFCW, AFL-CIO ("Union"). The arbitrator found that Foster had violated the collective bargaining agreement ("CBA") by unilaterally implementing a drug testing program for its drivers and by discharging two employees pursuant...

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