SECRETARY OF LABOR v. TRINITY INDUSTRIES, INC.

Nos. 06-2121, 06-2271.

504 F.3d 397 (2007)

SECRETARY OF LABOR, Petitioner v. TRINITY INDUSTRIES, INC., Occupational Safety & Health Review Commission, Respondents. Secretary of Labor v. Trinity Industries, Inc.; Occupational Safety & Health Review Commission. Trinity Industries, Inc., Petitioner.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 31, 2007.


Attorney(s) appearing for the Case

Michelle Yau, Esq. (Argued), Michael P. Doyle, Esq., United States Department of Labor, Office of the Solicitor, Washington, D.C., for Petitioner/Cross Respondents.

Robert E. Rader, Jr., Esq. (Argued), Rader & Campbell, Dallas, TX, for Respondents/Cross Petitioners.

Before: BARRY, CHAGARES, and TASHIMA, Circuit Judges.


OPINION OF THE COURT

BARRY, Circuit Judge.

At issue before the Court is the decision of an Administrative Law Judge ("ALJ") constituting a final order of the Occupational Safety and Health Review Commission ("OSHRC" or "Commission"), which upheld two violations of the OSH Act but reclassified them as "non-serious." The Secretary of Labor, in 06-2121, contends that the ALJ erred in this reclassification of the violations. Trinity Industries, in 06-2271, argues...

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