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UNITED STEELWORKERS OF AMERICA, ETC. v. MARSHALL

No. 78-2452.

592 F.2d 693 (1979)

UNITED STEELWORKERS OF AMERICA, AFL-CIO-CLC, Petitioner, v. Ray MARSHALL, Secretary of Labor, U. S. Department of Labor, and Doctor Eula Bingham, Asst. Secretary of Labor, O.S.H.A., Respondents.

United States Court of Appeals, Third Circuit.

Decided January 10, 1979.

Attorney(s) appearing for the Case

George Cohen, Bredhoff, Gottesman, Cohen & Weinberg, Washington, D. C., for petitioner United Steelworkers in No. 78-2452.

Nancy L. Southard, Benjamin Mintz, U. S. Dept. of Labor, Washington, D. C., for Department of Labor in Nos. 78-2452 and 78-3475.

Claude D. Montgomery, Asst. Gen. Counsel, International Union, United Automobile, Aerospace & Agriculture Implement Workers of America, Detroit, Mich., UAW Applicants for Intervention.

Standish F. Medina, Jr., Debevoise, Plimpton, Lyons & Gates, New York City, for petitioners in No. 78-3475.

Before GIBBONS, ROSENN and HUNTER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

This case presents the problem of the appropriate court to review agency action when petitions for review have been filed in this court and in the Court of Appeals for the Fifth Circuit. We conclude that the agency action in question should be reviewed by the Court of Appeals for the District of Columbia Circuit.

On November 9, 1978, the Occupational Safety and Health Administration of the United States...

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