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AFSCME LOCAL 2623 v. DEPT. OF CORR.

CA A62602.

820 P.2d 892 (1991)

109 Or.App. 662

AFSCME LOCAL 2623, Dave Versteeg and Kay Woosley, Petitioners, v. DEPARTMENT OF CORRECTIONS, State of Oregon and Fred Pearce, Director, Respondents.

Court of Appeals of Oregon.

Decided November 13, 1991.

Reconsideration Denied January 15, 1992.

Attorney(s) appearing for the Case

Barbara J. Diamond, Portland, argued the cause, for petitioners. With her on the briefs, was Bennett & Durham, Portland.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause, for respondents. With him on the brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

DE MUNIZ, Judge.

Petitioners seek judicial review of rules of the Oregon Department of Corrections that permit warrantless searches of state corrections system employees. They filed their opening brief in March, 1990. In June, respondents (Department) moved to hold the appeal in abeyance to allow Department to amend its rules. In January, 1991, Department adopted amended OAR 291-41-005 et seq. The amendments permit searches only if there is reasonable suspicion...

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