Donovan v. United Transportation Union

NATHANIEL R. JONES, Circuit Judge.

This is an appeal from a decision of the Occupational Safety and Health Review Commission (Commission) which set aside a 1976 Decision and Order of Administrative Law Judge Erwin L. Stuller (the AU). We affirm.

I

The facts of this case are undisputed. On February 27, 1976, the Occupational Safety and Health Administration (OSHA) issued a citation alleging that the Cuyaho-ga Valley Railway Company (Cuyahoga) violated Section 5(a)(1) of the Occupational Safety and Health Act (Act), 29 U.S.C. § 654(a)(1) (The “General Duty Clause”) by failing to provide…