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SOUTHERN CAL. GAS CO. v. UTIL. WORKERS, LOCAL 132

No. 98-56842.

265 F.3d 787 (2001)

SOUTHERN CALIFORNIA GAS COMPANY, Plaintiff-Appellant, v. UTILITY WORKERS UNION OF AMERICA, LOCAL 132, AFL-CIO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2001.

Attorney(s) appearing for the Case

Timothy S. Lykowski, Esq., Los Angles, California, for the appellant.

Glenn Rothner, Esq., Pasadena, California, for the appellee.

Before: ALARCON, BRUNETTI, and HAWKINS, Circuit Judges.

Opinion by Judge BRUNETTI; Dissent by Judge ALARCON.

BRUNETTI, Circuit Judge:

In this case, two utility workers were terminated after their company learned from its medical review officer, whom the company believed was a licensed physician, that both workers had failed federally-required random drug tests. Shortly thereafter, the medical review officer was arrested for impersonating a licensed physician. Once the workers' union learned that the medical review...

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