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UNITED STEELWORKERS OF AMERICA v. SCHUYLKILL METALS

No. 86-4578.

828 F.2d 314 (1987)

UNITED STEELWORKERS OF AMERICA, AFL-CIO-CLC and its Local Union 8394, et al., Petitioners, v. SCHUYLKILL METALS CORPORATION, and Occupational Safety and Health Review Commission, et al., Respondents.

United States Court of Appeals, Fifth Circuit.

October 2, 1987.

Attorney(s) appearing for the Case

Mary Win O'Brien, Asst. Gen. Counsel, Pittsburgh, Pa., for United Steelworkers of America.

Allen H. Feldman, Arthur J. Amchan, Joseph M. Woodward, Jeffrey A. Hennemuth, Steven J. Mandel, Attys., Washington, D.C., for Brock.

G. Michael Pharis, William A. Ziegler, New York City, for Amax.

Louis M. Phillips, Baton Rouge, La., for Schuylkill.

W. Scott Railton, Washington, D.C., for St. Joe.

Before GOLDBERG, HILL and JONES, Circuit Judges.

GOLDBERG, Circuit Judge:

The Secretary of Labor (Secretary) and the United Steelworkers of America (USWA) appeal from an order of the Occupational Safety and Health Review Commission (OSHRC or Commission). The order interprets the Medical Removal Protection (MRP) benefits provision of the lead standard, promulgated by the Secretary pursuant to § 6 of the Occupational Health and Safety Act, 29 U.S.C. § 655 (Act or OSH Act). 29 C.F.R. § 1910.1025(k)....

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