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ATLAS ROOFING CO. v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMM'N

No. 75-746.

430 U.S. 442 (1977)

ATLAS ROOFING CO., INC. v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION ET AL.

Supreme Court of United States.

Decided March 23, 1977.

Attorney(s) appearing for the Case

McNeill Stokes argued the cause for petitioners in both cases. With him on the briefs were Ira J. Smotherman, Jr., Herbert J. Miller, Jr., Nathan Lewin, Martin D. Minsker, and Oliver N. Hormell.

Solicitor General Bork argued the cause for respondents in both cases. With him on the brief were Assistant Attorney General Lee, Louis F. Claiborne, William J. Kilberg, and Michael H. Levin.†

MR. JUSTICE WHITE delivered the opinion of the Court.

The issue in these cases is whether, consistent with the Seventh Amendment, Congress may create a new cause of action in the Government for civil penalties enforceable in an administrative agency where there is no jury trial.

I

After extensive investigation, Congress concluded, in 1970, that work-related deaths and injuries had become a "drastic" national problem.1

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