Hilda SOLIS, Secretary of Labor, United States Department of Labor, Petitioner,
v.
SUMMIT CONTRACTORS, INC., Respondent, Occupational Safety and Health Review Commission, Nominal Respondent.
Building and Construction Trades Department, AFL-CIO; National Construction Alliance, Amici on Behalf of Petitioner,
National Association of Home Builders; Associated General Contractors of America; Associated Builders and Contractors; National Federation of Independent Businesses Legal Foundation; Contractors' Association of Greater New York; Texas Association of Builders; Greater Houston Builders Association, Amici on Behalf of Respondent.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: January 17, 2008.
Filed: February 26, 2009.
Attorney(s) appearing for the Case
Michael Patrick Doyle, argued, Washington, DC, for petitioner.
Victoria Louise Bor, argued, Washington, DC, for Amici on Behalf of Petitioner Building and Construction Trades Department AFL-CIO, and National Construction Alliance.
Robert E. Rader, Jr., argued, Dallas, TX, for respondent.
Arthur Grushkow Sapper, argued, Robert C. Gombar and James A. Lastowka, on the brief, Washington, DC, for Amici on Behalf of Respondent Associated General Contractors of America, National Association of Home Builders, Associated Builders and Contractors, National Federation of Independent Businesses Legal Foundation, Contractors' Association of Greater New York, Texas Association of Builders, and Greater Houston Builders Association.
Before BYE, BEAM and GRUENDER, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
GRUENDER, Circuit Judge.
The Occupational Safety and Health Review Commission ("OSHRC") held that the Secretary of Labor's ("Secretary") multi-employer worksite policy for "controlling" employers ("controlling employer citation policy") violated agency regulation 29 C.F.R. § 1910.12(a). The controlling employer citation policy provides that the Occupational Safety and Health Administration ("OSHA") may issue citations...
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