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NAT'L FEDERATION OF FEDERAL EMPLOYEES v. VILSACK

No. 11-5135.

681 F.3d 483 (2012)

NATIONAL FEDERATION OF FEDERAL EMPLOYEES-IAM, Appellant v. Thomas J. VILSACK, in his official capacity as Secretary of Agriculture and Thomas L. Tidwell, in his official capacity as Chief of the United States Forest Service, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 2012.

Attorney(s) appearing for the Case

Stefan P. Sutich argued the cause and filed the briefs for appellant.

Mark W. Pennak , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Tony West , Assistant Attorney General, and Leonard Schaitman , Attorney. R. Craig Lawrence , Assistant U.S. Attorney entered an appearance.

Dissenting opinion by Circuit Judge KAVANAUGH.

ROGERS, Circuit Judge:

The National Federation of Federal Employees ("the Union") challenges the constitutionality of a random drug testing policy applicable to all employees working at Job Corps Civilian Conservation Centers operated by the U.S. Forest Service. The district court granted summary judgment in favor of the Secretary of Agriculture and the Chief of the U.S. Forest Service (hereinafter "the Secretary") and denied the Union's request for a preliminary...

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