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GRAPHIC COMMUNICATIONS INTERN. v. SALEM-GRAVURE DIVISION OF WORLD COLOR PRESS, INC.

Nos. 87-1191, 87-1293.

843 F.2d 1490 (1988)

GRAPHIC COMMUNICATIONS INTERNATIONAL UNION, LOCAL 554, Petitioner, v. SALEM-GRAVURE DIVISION OF WORLD COLOR PRESS, INC., and Occupational Safety and Health Review Commission, Respondents. Ann McLAUGHLIN, Secretary of Labor, Petitioner, Graphic Communications International Union, Local 554, Intervenor, v. SALEM-GRAVURE DIVISION OF WORLD COLOR PRESS, INC., and Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 15, 1988.

As Amended April 25, 1988.

Attorney(s) appearing for the Case

Jeffrey A. Hennemuth, Atty., Dept. of Labor, with whom Allen H. Feldman, Associate Sol. and Mary-Helen Mautner, Counsel for Appellate Litigation, Dept. of Labor, Washington, D.C., were on the brief, for petitioner, Ann McLaughlin, Secretary of Labor.

Eugene Cotton and Thomas D. Allison, Chicago, Ill., entered appearances for petitioner, Graphic Communications Intern. Union, Local 554 in No. 87-1191.

Michael D. Freeborn, with whom Steven M. Hartmann, Chicago, Ill., and Harvey G. Sherzer, Washington, D.C., were on the brief for respondent, World Color Press, Inc.

Thomas D. Allison, Chicago, Ill., was on the brief for intervenor, Graphic Communications Intern. Union, Local 554 in No. 87-1293.

Before WALD, Chief Judge, ROBINSON and BOGGS, Circuit Judges.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

Petitioner-Secretary of Labor (Secretary) and petitioner Graphic Communications International Union, Local 554 (Local 554), seek review of the Occupational Safety and Health Review Commission's (OSHRC or Commission) decision that in an Occupational Safety and Health Act of 1970 (OSHA), 29 U.S.C. § 651 et seq., citation enforcement proceeding, the Secretary must obtain federal district...

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