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BUDD CO. v. OCCUPATIONAL SAFETY & HEALTH REV. COM'N

Nos. 74-1256, 74-1781.

513 F.2d 201 (1975)

The BUDD COMPANY, Petitioner in No. 74-1256, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent. INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE, AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW) and its Locals 813 and 92, Petitioners in No. 74-1781, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Third Circuit.

Decided March 24, 1975.

Attorney(s) appearing for the Case

John C. Wright, Jr., Peter B. Broida, Philadelphia, Pa., for the Budd Co.; Montgomery, McCracken, Walker & Rhoads, Stephen I. Schlossberg, Gen. Counsel, UAW, Washington, D. C., M. Jay Whitman, Asst. Gen. Counsel, UAW, Detroit, Mich., of counsel.

Anne M. Trebilcock, for UAW.

Carla A. Hills, Asst. Atty. Gen., Stephen F. Eilperin, Michael H. Stein, App. Section, Civ. Div., Dept. of Justice, Washington, D. C., for Occupational Safety and Health Review Commission.

Before ADAMS, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

The principal issue on this appeal is whether the Occupational Safety and Health Review Commission committed reversible error when it concluded that 29 C.F.R. § 1910.132(a),1 a safety regulation promulgated by the Secretary of Labor pursuant to the Occupational Safety and Health Act,2 does not mandate that employers bear the cost of protective footwear required...

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