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DAYTON TIRE v. SECRETARY OF LABOR

No. 10-1362.

671 F.3d 1249 (2012)

DAYTON TIRE, A Division of Bridgestone/Firestone, Inc., Petitioner, v. SECRETARY OF LABOR, Respondent United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 6, 2012.

Attorney(s) appearing for the Case

Willis J. Goldsmith argued the cause for petitioner. With him on the briefs was Jacqueline M. Holmes .

Gary Stearman , Attorney, U.S. Department of Labor, argued the cause for respondent. With him on the brief were Joseph M. Woodward , Associate Solicitor, and Charles F. James , Counsel.

Andrew D. Roth argued the cause for intervenor. With him on the brief was Laurence Gold .

Before: BROWN, GRIFFITH, and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

In 1994, the Secretary of Labor personally and publically served Dayton Tire with a citation alleging over 100 willful violations of the Occupational Safety and Health Act (the "OSH Act"). Dayton contested the citation, and by 1997, its appeal was before the Occupational Safety and Health Review Commission. There it sat, fully briefed and untouched, for over twelve years, until the Commission...

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