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CITGO ASPHALT v. PAPER, ALLIED-INDUS.

No. 03-1503.

385 F.3d 809 (2004)

CITGO ASPHALT REFINING COMPANY, Appellant v. The PAPER, ALLIED-INDUSTRIAL, CHEMICAL, AND ENERGY WORKERS INTERNATIONAL UNION LOCAL NO. 2-991.

United States Court of Appeals, Third Circuit.

Filed October 14, 2004.

Attorney(s) appearing for the Case

Ronald H. DeMaria, (Argued), McElroy, Deutsch, Mulvaney, LLP, Morristown, James J. McGovern III, Genova, Burns & Vernoia, Livingston, for Appellant.

Robert F. Henninger, (Argued), Warren J. Borish, Spear, Wilderman, Borish, Endy, Spear and Runckel, Haddonfield, for Appellee.

Before ROTH and McKEE, Circuit Judges, and CUDAHY, Senior Circuit Judge.

McKEE, Circuit Judge.

CITGO Asphalt Refining Company appeals the district court's confirmation of a labor arbitrator's decision that CITGO's zero tolerance drug abuse policy is unreasonable. For the reasons that follow, we will reverse.

I. FACTS

CITGO Asphalt Refining Company ("CARCO") is a New Jersey partnership involved in the oil refining industry. CITGO Petroleum Corporation ("CITGO"), is the majority partner of CARCO. In December 1998, CITGO...

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