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INDEPENDENT GUARD ASSOCIATION OF NEVADA LOCAL NO. 1 Plaintiff-Appellant
vs.
HAZEL O'LEARY * Secretary of Energy of the United States of America on behalf of the UNITED STATES DEPARTMENT OF ENERGY an executive department of the United States of America Defendant-Appellee. Hazel O'Leary the current Secretary of Energy is substituted for former Secretary James D. Watkins. See Fed. R. App. Pro. 43(c)(1).


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Issues:
Random testing, policy and procedure
 
Case Summary:
The union representing civilian armed guards at research facilities operated by the U.S. Department of Energy appeal a lower court's ruling in its suit against the agency. Officials with the DOE revised existing employment and drug testing rules. The union filed suit, arguing the revisions were made without their input. The union contends the department violated the Administrative Procedures Act. The DOE asserted that the revisions could be made without union consent because they fell under the Act's "military function."
 
Decision of lower jurisdiction:
A U.S. District Court ruled in favor of the department. The court noted the facilities in question conducted advanced research on nuclear weapons, and that the military-function exception applied. The union now appeals.
 
Outcome:
The union wins. U.S. Court of Appeals for the Ninth Circuit reversed the ruling of the lower jurisdiction. The court noted that exceptions to the Administrative Procedures Act must comply with strict guidelines. The court noted the civilian guards were not directly involved in any operation related to the nuclear devices. Therefore, their positions could not be covered by an exception for military functions.