CERRO METAL PRODUCTS v. MARSHALL

Nos. 79-1760 to 79-1763.

620 F.2d 964 (1980)

CERRO METAL PRODUCTS, Division of Marmon Group, Inc. v. MARSHALL, Ray, Secretary of Labor; Rhone, David H., Regional Administrator; Rieder, Matthew, Staff Attorney, and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, and its Local 1282, (Intervening Defts.) International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, and its Local 1282, Appellants in 79-1760 Ray Marshall, Secretary of Labor, United States Department of Labor, Appellant in 79-1761 FLECK INDUSTRIES, INC. v. MARSHALL, Ray, Secretary of Labor; Harris, Marshall, Regional Solicitor; Rhone, David H., Regional Administrator; Rieder, Matthew, Staff Attorney and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America and its Local 585, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, and its Local 585, Appellants in 79-1762 Ray Marshall, Secretary of Labor, United States Department of Labor, Appellant in 79-1763.

United States Court of Appeals, Third Circuit.

Decided April 24, 1980.


Attorney(s) appearing for the Case

Arlen Specter (argued), Mari M. Gursky, Bruce A. Cohen, Dechert, Price & Rhoads, Philadelphia, Pa., for appellees.

Richard Markowitz, Theodore Lieverman, Markowitz & Kirschner, Philadelphia, Pa., John A. Fillion, Gen. Counsel, Jordan Rossen, M. Jay Whitman, Leonard R. Page, Associate Gen. Counsel, Ralph O. Jones, Claude D. Montgomery (argued), Asst. Gen. Counsel, Detroit, Mich., for Intern. Union and its Locals 1282, 585.

Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol., for Occupational Safety and Health, Allen H. Feldman, Acting Counsel for App. Litigation, Charles I. Hadden (argued), U.S. Dept. of Labor, Washington, D. C., Marshall H. Harris, Regional Sol., Philadelphia, Pa., for the Secretary of Labor.

Before SEITZ, Chief Judge, and ADAMS and WEIS, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal requires us to decide whether the Occupational Safety and Health Administration (OSHA) has properly authorized its compliance officers to seek ex parte inspection warrants in order to inspect industrial establishments for alleged health and safety violations. The problem is sharpened by the fact that Supreme Court dictum noting that such authority would be constitutional also stated that the relevant...

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