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DONOVAN v. GENERAL MOTORS CORP.

No. 84-1680.

764 F.2d 32 (1985)

Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. GENERAL MOTORS CORPORATION, GM Parts Division, Respondent.

United States Court of Appeals, First Circuit.

Decided June 11, 1985.

Attorney(s) appearing for the Case

Arthur J. Amchan, Washington, D.C., with whom Francis X. Lilly, Sol. of Labor, Frank A. White, Associate Sol. for Occupational Safety and Health, Judith N. Macaluso, Asst. Counsel for Appellate Litigation, and Linton W. Hengerer, U.S. Dept. of Labor, Washington, D.C., were on brief for petitioner.

Alice M. Osburn, Detroit, Mich., with whom Edmond J. Dilworth, Jr. and Francis S. Jaworski, Detroit, Mich., were on brief for respondent.

Before CAMPBELL, Chief Judge, TORRUELLA, Circuit Judge and RE, Judge.

RE, Chief Judge:

Petitioner, the Secretary of Labor, pursuant to the provisions of the Occupational Safety and Health Act of 1970 (OSH Act), 29 U.S.C. § 651 et seq., petitions for review of a final order of the Occupational Safety and Health Review Commission (Commission) which held that the Secretary failed to prove that respondent, General Motors Corporation (GM), violated 29 C.F.R. § 1910.132(a), the regulation that governs the use of "personal...

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