DONOVAN v. OCCUPATIONAL SAFETY & HEALTH REV.

No. 911, Docket 82-4171.

713 F.2d 918 (1983)

Raymond J. DONOVAN, Secretary of Labor, Petitioner, and Mobil Oil Corporation, Intervenor, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Respondent, and Petroleum Trades Employees Union, Local 419, Intervenor.

United States Court of Appeals, Second Circuit.

Decided July 19, 1983.


Attorney(s) appearing for the Case

Charles I. Hadden, Atty. U.S. Dept. of Labor, Washington, D.C. (T. Timothy Ryan, Jr., Sol. of Labor, Karen I. Ward, Associate Sol. for Special Appellate and Supreme Court Litigation, Allen H. Feldman, Counsel for Appellate Litigation, Washington, D.C., of counsel), for petitioner.

Michael W. Sculnick, New York City (Vedder, Price, Kaufman, Kammholz & Day, New York City, Stanley R. Strauss, Washington, D.C., of counsel), for intervenor-petitioner.

George H. Cohen, Washington, D.C. (Jeremiah A. Collins, Bredhoff & Kaiser, Washington, D.C., Laurence Gold, Washington, D.C., Joseph P. Altier, Altier, Wayne & Klein, New York City, of counsel), for intervenor-respondent.

Before VAN GRAAFEILAND and MESKILL, Circuit Judges, and TENNEY, Senior District Judge.


TENNEY, District Judge.

The Secretary of Labor ("the Secretary") has petitioned for review of an order and decision of the Occupational Safety and Health Review Commission ("the Commission") that remanded a proposed settlement between the Secretary and Mobil Oil Corporation ("Mobil") to an Administrative Law Judge ("ALJ") for further review. Mobil had received a citation for creating a hazardous work condition in violation...

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