Donovan v. United Steelworkers of America, AFL-CIO, AFL-CIO
| Decision Date | 01 November 1983 |
| Docket Number | No. 82-1885,AFL-CIO,82-1885 |
| Citation | 722 F.2d 1158 |
| Parties | 11 O.S.H. Cas.(BNA) 1698, 1984 O.S.H.D. (CCH) P 26,760 Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. UNITED STEELWORKERS OF AMERICA,, and its Local 12610, District 23, Respondents. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Judith N. Macaluso, U.S. Dept. of Labor, Arlington, Va. (Marshall H. Harris, Regional Sol., Philadelphia, Pa., T. Timothy Ryan, Jr., Sol. of Labor, Frank A. White, Associate Sol., Washington, D.C., for Occupational Safety and Health, Dennis K. Kade, Washington, D.C., Counsel for Appellate Litigation, Shelley D. Hayes, U.S. Dept. of Labor, Washington, D.C., on brief), for petitioner.
Jeremiah A. Collins, Washington, D.C. (Bernard Kleiman, Chicago, Ill., George H. Cohen, Bredhoff & Kaiser, Washington, D.C., James D. English, Mary Win-O'Brien, Pittsburgh, Pa., on brief), for respondents.
Before RUSSELL, PHILLIPS and MURNAGHAN, Circuit Judges.
The Secretary of Labor (Secretary) has petitioned for review of an order of the Occupational Safety and Health Review Commission (Commission), 1 requiring a hearing before an Administrative Law Judge (ALJ) on objections entered by the United Steelworkers of America (Union) to a stipulation of settlement entered into between the Secretary and the Monsanto Company (Monsanto) in connection with a safety violation issued by the Secretary against Monsanto at Monsanto's plant in Nitro, West Virginia. Monsanto had initially contested the citation. The matter was referred to an ALJ of the Commission for a hearing on Monsanto's notice of contest. The Union elected to participate as a representative of the employees in the proceeding. See Sec. 659(c), 29 U.S.C.
While the matter was thus pending, Monsanto and the Secretary, after negotiations, agreed upon a stipulation of settlement which was filed with the ALJ. The Union filed objections to the settlement agreement on its merits but did not "alleg[e] that the period of time fixed in the citation for the abatement of the violation [was] unreasonable." The ALJ ordered a hearing on the objections of the Union and his order became the order of the Commission. The Secretary appealed and contemporaneously filed a motion for a stay pending appeal. The motion for stay was granted, pending the outcome of the appeal.
The issues presented by the petition for review are two: The first is procedural. The respective positions of the parties on this issue are: The Union contends the petition is premature and must await the completion of the hearing as ordered by the Board and the entry of a final order by the Commission; the Secretary's position is that this appeal falls within the collateral order exception to the final order doctrine as...
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