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MARSHALL v. OCCUPATIONAL SAFETY & HEALTH REVIEW

Nos. 79-3018, 79-3041.

635 F.2d 544 (1980)

Ray MARSHALL, Secretary of Labor and IMC Chemical Group, Inc., Petitioners, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Local 7-854, Oil, Chemical and Atomic Workers International Union, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided December 5, 1980.

Attorney(s) appearing for the Case

Richard W. McLaren, Jr., Squire, Sanders & Dempsey, Ronald L. Coleman, Cleveland, Ohio, Carin A. Clauss, Thomas L. Holzman, U. S. Dept. of Labor, Dennis K. Kade, Washington, D. C., Allen H. Feldman, Eric W. Cloud, Dennis K. Kade, Appellate Litigation Section, U. S. Dept. of Labor, Washington, D. C., for petitioners.

Robert Wages, Asst. Gen. Counsel, Oil, Chemical & Atomic Workers, International Union, Denver, Colo., Robert A. Nappi, President, Oil, Chemical & Atomic Workers, International Union Local 7-854, Ashtabula, Ohio, Ron Glancz, Al J. Daniel, Jr., Appellate Section, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for respondents.

Before LIVELY, Circuit Judge, and PHILLIPS and PECK, Senior Circuit Judges.

PHILLIPS, Senior Circuit Judge.

This proceeding involves a dispute between the Secretary of Labor (the Secretary) and the Occupational Safety and Health Review Commission (the Commission) as to their respective roles in the administration of the Occupational Safety and Health Act (OSHA).1

The Secretary issued a citation against IMC Chemical Group Inc. (IMC) for alleged OSHA violations. IMC filed a notice to contest. The matter...

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