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MARSHALL v. OIL, CHEM. & ATOMIC WORKERS, ETC.

Nos. 80-1942, 80-1943.

647 F.2d 383 (1981)

Ray MARSHALL, Secretary of Labor, Petitioner, v. OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION and its Local 4-208, and Occupational Safety and Health Review Commission, Respondents. AMERICAN CYANAMID COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION and Oil, Chemical and Atomic Workers International Union and its Local 4-208, Respondents.

United States Court of Appeals, Third Circuit.

Decided April 23, 1981.

As Amended May 13, 1981.

Attorney(s) appearing for the Case

Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol., Occupational Safety and Health, Allen H. Feldman, Appellate Litigation, Charles I. Hadden, Asst. Counsel for Appellate Litigation, Washington, D. C., James E. White, Regional Sol., Dallas, Tex., John R. Bradley (argued), Atty., U. S. Dept. of Labor, Washington, D. C., for Secretary of Labor.

Robert E. Wages (argued), Asst. Gen. Counsel, Oil, Chemical and Atomic Workers Intern. Union, Denver, Colo., for Oil, Chemical and Atomic Workers Intern. Union; John R. Tadlock, Gen. Counsel, James J. Cronin, Associate Gen. Counsel, Oil, Chemical and Atomic Workers Intern. Union, Denver, Colo., of counsel.

Mari M. Gursky (argued), Dechert, Price & Rhoads, Philadelphia, Pa., for American Cyanamid Co.; James S. Maxwell, Maxwell, Bennett, Thomas & Maxwell, Dallas, Tex., of counsel.

Before ALDISERT and HIGGINBOTHAM, Circuit Judges and TEITELBAUM, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

The issue in this case is whether the Occupational Safety and Health Review Commission (Commission) erred when, in a 2 to 1 vote, it decided that the Oil, Chemical and Atomic Workers International Union (Union) had the right to object to a proposed settlement between American Cyanamid Company (American Cyanamid) and the Secretary of Labor (Secretary...

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