UNITED STEELWORKERS OF AMERICA v. PENDERGRASS

Nos. 83-3554, 83-3561, 83-3565, 84-3066, 84-3093 and 84-3128.

819 F.2d 1263 (1987)

UNITED STEELWORKERS OF AMERICA, AFL-CIO-CLC, Petitioner, v. John A. PENDERGRASS, Assistant Secretary of Labor, Occupational Safety and Health Administration, United States Department of Labor, Respondent, and The State of New York, the State of New Jersey, the State of Connecticut and National Paint & Coatings Association, Intervenors. UNITED STEELWORKERS OF AMERICA, AFL-CIO-CLC, Petitioner, v. John A. PENDERGRASS, Assistant Secretary of Labor, Occupational Safety and Health Administration, United States Department of Labor, Respondent, and The State of New Jersey, Chemical Manufacturers Association, American Petroleum Institute & Atlantic Richfield Company, and National Paint & Coatings Association, Intervenors. PUBLIC CITIZEN, INC., et al., Petitioners, v. John A. PENDERGRASS, Assistant Secretary of Labor, Occupational Safety and Health Administration, United States Department of Labor, Respondent, and The State of New Jersey, Chemical Manufacturers Association, National Paint & Coatings Association, American Petroleum Institute & Atlantic Richfield Company, Intervenors. COMMONWEALTH OF MASSACHUSETTS, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, Secretary of Labor, United States Department of Labor, Respondent. PEOPLE of the STATE OF ILLINOIS, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR and Raymond Donovan, Secretary of the United States Department of Labor, Respondents. The STATE OF NEW YORK, Petitioner, v. John A. PENDERGRASS, Assistant Secretary of Labor, Occupational Safety and Health Administration, United States Department of Labor, Respondent.

United States Court of Appeals, Third Circuit.

Decided May 29, 1987.


Attorney(s) appearing for the Case

George H. Cohen, Gary L. Sasso, David A. Sklansky, Washington, D.C., Mary-Win O'Brien, United Steelworkers of America, Pittsburgh, Pa., Laurence Gold, Washington, D.C., Joseph Lurie, Philadelphia, Pa., for petitioner United Steelworkers of America, AFL-CIO-CLC.

David C. Vladeck, Alan B. Morrison, Public Citizen Litigation Group, Washington, D.C., for petitioners, Public Citizen, et al.

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

Barbara Werthmann, Atty., U.S. Dept. of Labor, Washington, D.C., for U.S.

Before GIBBONS, Chief Judge, and FISHER, Chief Judge and KELLY, District Judge.


OPINION OF THE COURT

GIBBONS, Chief Judge.

United Steelworkers of America and Public Citizen, Inc., et al., petitioners in the petition for review which this court granted in United Steelworkers of America v. Auchter, 763 F.2d 728 (3d Cir.1985), now move to enforce that judgment. The respondent to the present motion, John A. Pendergrass, Assistant Secretary of Labor for Occupational Safety and Health, United...

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