UNION TANK CAR v. COMMISSIONER OF LABOR

No. 49A02-9508-CV-470.

671 N.E.2d 885 (1996)

UNION TANK CAR, FLEET OPERATIONS, Appellant-Petitioner, v. The COMMISSIONER OF LABOR, The Board of Safety Review, and OCAW Local 7-210, Appellees-Respondents.

Court of Appeals of Indiana.

Transfer Denied March 6, 1997.


Attorney(s) appearing for the Case

Mark A. Lies, II, Bryan W. Sill, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, John R. Maley, Barnes & Thornburg, Indianapolis, for Appellant-Petitioner.

Pamela Carter, Attorney General, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, for Appellees-Respondents.


OPINION

BAKER, Judge.

Appellant-petitioner Union Tank Car, Fleet Operations (UTC) appeals the trial court's affirmance of the Board of Safety Review's (Board's) assessment of five knowing violations of the Indiana Occupational Safety and Health Act of 1972 against UTC. UTC contends: 1) the Board applied an incorrect definition of "knowing" and 2) the Board's assessment of knowing violations is contrary to...

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