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IBEW, LOCAL 1245 v. U.S. NRC

No. 90-70647.

966 F.2d 521 (1992)

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245, et al., Petitioners, v. UNITED STATES NUCLEAR REGULATORY COMMISSION & United States of America, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided June 11, 1992.

Attorney(s) appearing for the Case

Sanford N. Nathan, Leonard, Carder, Nathan, Zuckerman, Ross, Chin & Remar, Oakland, Cal., and Tom Danzell, Walnut Creek, Cal., for petitioners.

Charles E. Mullins, Office of the Gen. Counsel, U.S. Nuclear Regulatory Com'n, Washington, D.C., for respondents.

Before: FLETCHER, D.W. NELSON, and FERNANDEZ, Circuit Judges.

OVERVIEW

D.W. NELSON, Circuit Judge:

Petitioner Local 1245 of the International Brotherhood of Electrical Workers ("Local 1245") appeals the Nuclear Regulatory Commission's ("NRC") refusal to exempt clerical, warehouse, and maintenance employees at the Diablo Canyon nuclear power plant from an industry-wide drug testing program. Local 1245 argues that the testing program is unconstitutional as applied to these employees because they do not have access to...

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