Legal Opinion

Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Union Packing Company of Omaha

Court of Appeals for the Eighth Circuit

Decided August 18, 1983No. 82-2548PublishedCited by 8 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

Union Packing Company appeals from a district court order enforcing an administrative subpoena duces tecum issued by the Secretary of Labor. The Secretary sought to obtain company records concerning the number of worker illnesses and injuries to determine if the company’s premises would be inspected for compliance with the Occupational Safety & Health Act (OSHA). We hold that the Secretary’s use of the subpoena power for this purpose is authorized by OSHA, and that the statute as thus construed is constitutional. We therefore affirm the district court’s enforcement order.

2Cases cited8 opinions

  1. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  2. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
  3. United States v. Morton Salt Co.Supreme Court of the United States · 1950
  4. In the Matter of Establishment Inspection of Kulp Foundry, Inc. Appeal of Kulp Foundry, Inc. In 81-2450. Appeal of Secretary of Labor in 81-2451Court of Appeals for the Third Circuit · 1982
  5. Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Wollaston Alloys, Inc.Court of Appeals for the First Circuit · 1983

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3Cited by8 opinions

  1. Luebertha INGRAM, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of the Social Security Administration, Defendant-AppelleeCourt of Appeals for the Eighth Circuit · 1997
  2. United States v. Sturm, Ruger & Company, Inc.Court of Appeals for the First Circuit · 1996
  3. United States Department of Labor v. Kast Metals CorporationCourt of Appeals for the Fifth Circuit · 1984
  4. Robert Reich, Secretary of Labor v. Andrew Manganas and Manganas Painting Company, Inc.Court of Appeals for the Sixth Circuit · 1995
  5. Reich v. Sturm, Ruger & Co., Inc.District Court, D. New Hampshire · 1995

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