537 F.2d 819 (5th Cir. 1976), 76--2886, Taylor Diving & Salvage Co., Inc. v. United States Dept. of Labor

Docket Nº:76--2886.
Citation:537 F.2d 819
Party Name:TAYLOR DIVING & SALVAGE CO., INC., et al., Petitioners, v. U.S. DEPARTMENT OF LABOR, William J. Usery, Jr., Secretary of Labor; and Morton Corn, Assistant Secretary of Labor for Occupational Safety and Health, Respondents.
Case Date:August 11, 1976
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 819

537 F.2d 819 (5th Cir. 1976)

TAYLOR DIVING & SALVAGE CO., INC., et al., Petitioners,

v.

U.S. DEPARTMENT OF LABOR, William J. Usery, Jr., Secretary

of Labor; and Morton Corn, Assistant Secretary of

Labor for Occupational Safety and

Health, Respondents.

No. 76--2886.

United States Court of Appeals, Fifth Circuit

August 11, 1976

Stanley R. Strauss, Michael J. Bartlett, Washington, D.C., Michael J. Molony, Jr., Milling, Benson, Woodward, Hillyer & Pierson, Joseph E. LeBlanc, Jr., New Orleans, La., for petitioners.

Page 820

William J. Kilberg, Sol., U.S. Dept. of Labor, Allen H. Feldman, Asst. Counsel, Appellate Litigation, Washington, D.C., for respondents.

Victor H. Hess, Jr., New Orleans, La., Robert J. Pleasure, Washington, D.C., for United Brotherhood of Carpenters & Joiners of America and American Federation of Labor & Congress of Industrial Organizations.

J. Albert Woll, Washington, D.C., for American Federation of Labor, et al.

Petition for Review of an Order of the Occupational Safety and Health Review Commission (Louisiana Case).

Before CLARK, GEE and HILL, Circuit Judges.

BY THE COURT:

Presently before the Court is (1) a petition on behalf of appellants for a stay of the effective date of certain Emergency Temporary Standards (ETS) for diving operations, signed and entered June 9, 1976, by the Assistant Secretary for Occupational Safety and Health, Department of Labor (the 'Secretary'), and published in Volume 41, No. 116 of the Federal Register on June 15, 1976; (2) a motion on behalf of the United Brotherhood of Carpenters and Joiners of American to intervene in support of appellee; and (3) a similar motion to intervene on behalf of the American Federation of Labor-Congress of Industrial Organizations.

The motions to intervene are hereby granted. The Clerk is directed to file the joint opposition brief of the intervenors tendered to the Court. It has been considered by the Court on the motion to stay.

The motion to stay the ETS pending appeal is hereby granted.

The order from which this appeal is taken was entered by the Secretary in his declared exercise of the extraordinary powers contained in Section 6(c) of the Occupational Safety and Health Act of 1970 (the 'Act'). 1 The Act is a comprehensive delegation by the Congress to the Secretary of power to issue regulations having the force and...

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