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DONOVAN v. INTERNATIONAL UNION, ALLIED INDUS. WORKERS

No. 82-2265.

722 F.2d 1415 (1983)

Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. INTERNATIONAL UNION, ALLIED INDUSTRIAL WORKERS OF AMERICA AND ITS LOCAL 370, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided December 13, 1983.

Attorney(s) appearing for the Case

Matthew R. Robbins, Goldberg, Previant, Uelmen, Gratz, Miller & Brueggeman, S.C., Milwaukee, Wis., for the Intern. Union, Allied Industrial Workers of America and its Local 370.

T. Timothy Ryan, Jr., Sol. of Labor, Karen I. Ward, Associate Sol. for Special Appellate and Supreme Court Litigation, Allen H. Feldman for Appellate Litigation, Charles I. Hadden, U.S. Dept. of Labor, Washington, D.C., for Raymond J. Donovan, Secretary of Labor.

Before BRIGHT, ARNOLD, and FAGG, Circuit Judges.

BRIGHT, Circuit Judge.

The Secretary of Labor appeals from an order of the Occupational Safety and Health Review Commission (Commission) reversing an administrative law judge's (ALJ's) approval of the Secretary's settlement of an occupational safety and health citation and remanding the case to an ALJ for consideration of objections by the respondent Union to the settlement. Following precedent in two other circuits, Donovan v. OSHRC, 713 F...

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