AFL-CIO v. OSHA

No. 89-1296.

905 F.2d 1568 (1990)

AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, et al., Petitioners, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, United States Department of Labor, Respondents, American Petroleum Institute, Chemical Manufacturers Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 1990.

Rehearing Denied August 28, 1990.


Attorney(s) appearing for the Case

Laurence Gold, with whom George H. Cohen and Jeremiah A. Collins, Washington, D.C., for A.F.L.-C.I.O., Victor Van Bourg, San Francisco, Cal., for Intern. Ass'n of Bridge, Structural and Ornamental Iron Workers, AFL-CIO, Thomas A. Woodley, Washington, D.C., for Intern. Ass'n of Fire Fighters, AFL-CIO, Gary S. Witlen, Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, Michael R. Fanning, Intern. Union of Operating Engineers, AFL-CIO, Robert J. Connerton and Paul Greenberg, Washington, D.C., for Laborers' Intern. Union of North America, AFL-CIO, Edward J. Gorman, III and Kathy L. Krieger, Washington, D.C., for United Broth. of Carpenters and Joiners of America, AFL-CIO, and James D. English and Mary-Win O'Brien, Pittsburgh, Pa., for United Steelworkers of America, AFL-CIO, were on the joint brief, for petitioners.

Ann Rosenthal, Atty., Dept. of Labor, with whom Cynthia L. Attwood, Associate Sol., Arlington, Va., for Occupational Safety and Health Admin., Barbara A.W. McConnell and Barbara E. Kahl, Attys., Dept. of Labor, Washington, D.C., were on the brief, Barbara Werthmann, Atty. Dept. of Labor, Washington, D.C., also entered an appearance, for respondents.

David F. Zoll and Neil J. King, for Chemical Mfr's Ass'n, and G. William Frick and Barton L. Stringham, Washington, D.C., for American Petroleum Institute, were on the joint brief for intervenors.

Before RUTH BADER GINSBURG, D.H. GINSBURG, and SENTELLE, Circuit Judges.


Rehearing En Banc Denied August 28, 1990.

Opinion for the court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) seeks review of a health and safety standard promulgated by the Occupational Safety and Health Administration (OSHA). AFL-CIO filed the review petition the day after expiration of the time prescribed by the Occupational Safety...

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