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MARSHALL v. SUN PETROLEUM PRODUCTS CO.

Nos. 79-1822, 79-1828.

622 F.2d 1176 (1980)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Petitioner, No. 79-1822, v. SUN PETROLEUM PRODUCTS CO. and Occupational Safety and Health Review Commission, Respondents. LOCAL 8-901 OF OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, Petitioner, No. 79-1828, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Sun Petroleum Products and Secretary of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided May 29, 1980.

As Amended June 4, 1980.

On Rehearing August 11, 1980.

Attorney(s) appearing for the Case

Carin A. Clauss, Sol. of Labor, Baruch A. Fellner (argued), Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Marleigh Dover Lang (argued), Allen H. Feldman, Counsel for Appellate Litigation, Dennis K. Kade, Asst. Counsel for Appellate Litigation, Lorelei J. Borland, Atty., Marshall H. Harris, Regional Sol., U. S. Dept. of Labor, Philadelphia, Pa., for Secretary of Labor.

John A. McGuinn (argued), Gary L. Lieber, Farmer, Shibley, McGuinn & Flood, Washington, D. C., for Sun Petroleum Products Co.

George H. Cohen (argued), David M. Silberman, Bredhoff, Gottesman, Cohen & Weinberg, Washington, D. C., (Robert E. Wages, Asst. Gen. Counsel, Oil, Chemical & Atomic Workers Union, Denver, Colo. of counsel), for Local 8-901 of Oil, Chemical and Atomic Workers International Union.

Before ALDISERT and GIBBONS, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Two petitions have been consolidated for decision at this time. In the appeal at No. 79-1822, the Secretary of Labor has petitioned for review of a decision by an equally divided vote of the Occupational Safety and Health Review Commission, which leaves intact an administrative law judge's approval of a settlement agreement between the Secretary and Sun Petroleum Products Company. The Secretary's petition requires...

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