UNITED STEELWORKERS OF AMERICA v. PENDERGRASS

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

855 F.2d 108 (1988)

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 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 August 19, 1988.


Attorney(s) appearing for the Case

David C. Vladeck, Public Citizen Litigation Group, Washington, D.C., for petitioner Public Citizen, Inc.

George H. Cohen, Michael H. Gottesman, John Rothchild, Bredhoff & Kaiser, Washington, D.C., Mary-Win O'Brien, United Steelworkers of America, Pittsburgh, Pa., Laurence Gold, Washington, D.C., for petitioner United Steelworkers of America, AFL-CIO-CLC.

John R. Bolton, Asst. Atty. Gen., George R. Salem, Sol. of Labor, Allen H. Feldman, Associate Sol. for Special Appellate and Supreme Court Litigation, Leonard Schaitman, Marleigh D. Dover, Attorneys, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., Steven J. Mandel, for Appellate Litigation. Nathaniel I. Spiller, U.S. Dept. of Labor, Washington, D.C., Robert G. Damus, Acting Gen. Counsel, Steven D. Aitken, Office of Management and Budget, Washington, D.C., for respondent.

W. Scott Railton, Washington, D.C., for intervenor United Technologies Corp.

Stephen C. Yohay, Ann Elizabeth Reesman, McGuiness & Williams, Washington, D.C., for intervenor Associated General Contractors of America.

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


Submitted Under Third Circuit Rule 12(6) August 5, 1988.

OPINION OF THE COURT

GIBBONS, Chief Judge.

I

Once again United Steelworkers of America and Public Citizen, Inc. et al., (petitioners) come before this court on a motion seeking further relief in the enforcement of our judgment in United Steelworkers of America v. Auchter, 763 F.2d 728 (3d Cir...

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