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BALTIMORE & O. R. CO. v. O. S. H. R. C.

Nos. 75-2163, 75-2244.

548 F.2d 1052 (1976)

BALTIMORE AND OHIO RAILROAD COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent, American Federation of Labor-Congress of Industrial Organizations et al., Intervenors. SEABOARD COAST LINE RAILROAD COMPANY and Winston-Salem Southbound Railway Company, Petitioners, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and William J. Usery, Jr., Secretary of Labor, Respondents, American Federation of Labor-Congress of Industrial Organizations and United Transportation Union, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1976.

Attorney(s) appearing for the Case

P. Michael Giftos, Baltimore, Md., for petitioner in No. 75-2163.

Malcolm R. MacLean, with whom Charles A. Edwards, Atlanta, Ga., was on the brief, for petitioners in No. 75-2244.

Marc R. Hillson, Atty., U. S. Dept. of Labor, Washington, D. C., with whom Michael H. Levin, Counsel for Appellate Litigation and Allen H. Feldman, Asst. Counsel for Appellate Litigation, U. S. Dept. of Labor, Washington, D. C., were on brief for respondent.

Lawrence M. Mann, Washington, D. C., for intervenor.

Before McGOWAN and TAMM, Circuit Judges, and GERHARD A. GESELL, United States District Judge for the United States District Court for the District of Columbia.

PER CURIAM:

These two cases, which were placed together on the argument calendar, involve the same issue. That issue is whether Section 4(b)(1) of the Occupational Safety and Health Act of 1970, 84 Stat. 1590, 29 U.S.C. § 651, et seq., (OSHA) exempts the railroad industry from regulation thereunder. Section 4(b)(1) provides:

"Nothing in this [Act] shall apply to working conditions of employees with respect to which other Federal agencies . . ...

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