Legal Opinion

William E. Brock, Secretary of Labor v. Morello Brothers Construction, Inc.

Court of Appeals for the First Circuit

Decided January 20, 1987No. 86-1442PublishedCited by 17 opinions

1Opinion of the Court

BREYER, Circuit Judge.

An Administrative Law Judge for the Occupational Safety and Health Review Commission found that Morello Brothers committed several “serious violation[s]” of OSHA safety regulations, 29 U.S.C. § 666(b), but that Morello did not “willfully ... violate” these rules. 29 U.S.C. § 666(a). The Secretary of Labor seeks review of the latter finding. He argues that the evidence was strong enough to compel a conclusion of “willful” misbehavior as a matter of law. Morello Brothers replies that the record provides adequate support for the ALJ’s finding. After reviewing that record,…

2Cases cited10 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Trans World Airlines, Inc. v. ThurstonSupreme Court of the United States · 1985
  3. United States v. MurdockSupreme Court of the United States · 1934
  4. United States v. Illinois Central RailroadSupreme Court of the United States · 1938
  5. F. X. Messina Construction Corp. v. Occupational Safety and Health Review Commission, and the Secretary of LaborCourt of Appeals for the First Circuit · 1974

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3Cited by17 opinions

  1. Ann McLaughlin Secretary of Labor v. Union Oil Company of California, Chicago Refinery and Occupational Safety and Health Review Commission, Union Oil Company of California v. Ann McLaughlin and Occupational Safety and Health Review CommissionCourt of Appeals for the Seventh Circuit · 1989
  2. Kaspar Wire Works, Inc. v. Secretary of LaborCourt of Appeals for the D.C. Circuit · 2001
  3. AJP Construction, Inc. v. Secretary of LaborCourt of Appeals for the D.C. Circuit · 2004
  4. McLaughlin v. Union Oil Co.Court of Appeals for the Seventh Circuit · 1989
  5. American Wrecking Corp. v. Secretary of LaborCourt of Appeals for the D.C. Circuit · 2003

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