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INTERNATIONAL UNION v. CHAO

No. 03-4146.

361 F.3d 249 (2004)

INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW; United Steelworkers of America, Petitioners v. Elaine CHAO, Secretary of Labor; Occupational Safety and Health Administration, Respondents.

United States Court of Appeals, Third Circuit.

Filed March 22, 2004.

Attorney(s) appearing for the Case

Randy S. Rabinowitz, (Argued), Washington, and Daniel Sherrick, Catherine Traffton, International Union, UAW, Detroit, and Paul Whitehead, David Goldman, United Steelworkers of America, Pittsburgh, for Petitioners.

Howard M. Radzely, Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Ann Rosenthal, (Argued), Bruce Justh, Charles F. James, Joanna Hull, United States Department of Labor, Office of the Solicitor, Washington, for Respondents.

Douglas R. Cox, Gibson, Dunn & Crutcher, Washington, for Amicus Chamber of Commerce U.S. and Natl Assn Mfg.

Jeffrey L. Leiter, McLean, for Amicus Precision Precision Machine, National Tooling and Ind Lubricant Mfg.

Before BARRY, SMITH, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

BARRY, Circuit Judge.

On December 9, 1993, the International Union of United Automobile, Aerospace & Agricultural Implement Workers of America ("UAW") petitioned the Occupational Safety and Health Administration ("OSHA") to take "immediate action to protect workers from the health effects of occupational exposure to machining fluids[.]" UAW urged OSHA to promulgate a rule that would establish...

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