760 F.2d 783 (7th Cir. 1985), 83-2831, Donovan v. Allied Indus. Workers of America

Docket Nº:83-2831.
Citation:760 F.2d 783
Party Name:Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. ALLIED INDUSTRIAL WORKERS OF AMERICA and its Local No. 876, Respondents.
Case Date:April 22, 1985
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 783

760 F.2d 783 (7th Cir. 1985)

Raymond J. DONOVAN, Secretary of Labor, Petitioner,

v.

ALLIED INDUSTRIAL WORKERS OF AMERICA and its Local No. 876,

Respondents.

No. 83-2831.

United States Court of Appeals, Seventh Circuit

April 22, 1985

Argued Nov. 2, 1984.

Page 784

Domenique Kirchner, U.S. Dept. of Labor, Washington, D.C., for petitioner.

Matthew R. Robbins, Goldberg, Previant, Uelmen, Gratz, Miller & Breggeman, Milwaukee, Wis., for respondents.

Before WOOD and FLAUM, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge. [*]

HARLINGTON WOOD, Jr., Circuit Judge.

In this petition to review an order of the Occupational Safety and Health Review Commission, we are asked to determine whether the Occupational Safety and Health Act of 1970 1 permits affected employees or their representative to challenge in administrative proceedings a settlement agreement between the Secretary of Labor and a cited employer where the employee challenge is not limited to the reasonableness of the period allowed in the settlement for abatement. Originally in Mobil Oil Corp., 2 the Commission had held that employees should be heard on all aspects of employer-contested citations and at all stages of the Review Commission proceedings including settlement. This decision, however, was reversed. Donovan and Mobil Oil Corporation, Intervenor v. Occupational Safety and Health Review Commission, 713 F.2d 918 (2d Cir.1983). Since that decision and others, the Commission has re-examined its own precedent and now holds that employees or their representative may object only to the reasonableness of the period of time allowed in a settlement agreement for abatement, and not to the manner of abatement. Pan American World Airways, Inc., 1984 O.S.H. DEC. (CCH) p 26,920.

This circuit, in International Union (UAW) v. Occupational Safety and Health Review Commission, 557 F.2d 607 (7th Cir.1977), foreshadowed our decision in this case by holding that the Commission may review only the reasonableness of the period of time fixed in the citation for abatement of the violation. In the present case, however, the circumstances are somewhat different as we are examining a settlement agreement in a proceeding in which the employees had elected to participate as parties. 3

The facts may be briefly summarized. The Secretary had issued a citation against Archer Daniels Midland Company of...

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