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MARSHALL v. WHIRLPOOL CORP.

Nos. 76-2143, 76-2144 and 76-2261.

593 F.2d 715 (1979)

Ray MARSHALL, Secretary of Labor, Appellant, v. WHIRLPOOL CORPORATION and Empire-Detroit Steel Division, Detroit Steel Corporation, Appellees. WHIRLPOOL CORPORATION, Cross-Appellant, v. Ray MARSHALL, Secretary of Labor, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 22, 1979.

As Amended on Denial of Rehearing and Rehearing April 4, 1979.

Attorney(s) appearing for the Case

E. Thomas Maguire, Robison, Curphey & O'Connell, Toledo, Ohio, Robert E. Mann, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., for appellees in No. 76-2143 and cross-appellant in No. 76-2144.

George Cohen, Bredhoff, Cushman, Gottesman & Cohen, Washington, D. C., for amicus Industrial Union.

Dennis K. Kade (argued), Michael H. Levin, Thomas L. Holzman, William J. Kilberg, Benjamin W. Mintz, U. S. Dept. of Labor, Washington, D. C., for appellant in Nos. 76-2143, 76-2261 and cross-appellee in No. 76-2144.

Michael A. Fulton, Beirne & Wirthlin, Cincinnati, Ohio, for appellee in No. 76-2261.

Before EDWARDS, Chief Judge and KEITH and MERRITT, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc April 4, 1979.

DAMON J. KEITH, Circuit Judge.

This case presents a legal question of great significance to American workers and their employers: Whether under the Occupational Safety & Health Act of 1970, 29 U.S.C. §§ 651 et seq., the Secretary of Labor may limit the right of an employer to discipline or discharge an employee who refuses to work in the good faith belief that to do...

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