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PA. STEEL FOUNDRY & MACH. v. SECRETARY OF LABOR

No. 86-3546.

831 F.2d 1211 (1987)

PENNSYLVANIA STEEL FOUNDRY AND MACHINE COMPANY, Petitioner, v. SECRETARY OF LABOR, Respondent, United Steelworkers of America, AFL-CIO-CLC, Intervenor.

United States Court of Appeals, Third Circuit.

Decided October 20, 1987.

Attorney(s) appearing for the Case

Robert D. Moran (argued), Vorys, Sater, Seymour and Pease, Washington, D.C., for petitioner.

Sandra Lord (argued), Asst. Counsel for Appellate Litigation, George R. Salem, Sol. of Labor, Cynthia L. Attwood, Associate Sol. for Occupational Safety and Health, Joseph M. Woodward, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, D.C., for respondent.

Mary Win O'Brien, United Steelworkers of America, Pittsburgh, Pa., for intervenor.

Before SLOVITER, BECKER and GARTH, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The principal issue before us is whether the Occupational Safety and Health Review Commission (OSHRC or the Commission) erred in failing to suppress evidence from an inspection authorized by an ex parte warrant. The contested evidence was the basis of the agency's decision that Pennsylvania Steel Foundry (Penn Steel) committed numerous violations of the Occupational Safety and Health Act (the Act), 29 U.S.C....

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