Legal Opinion

Rea Express, Inc. v. Peter J. Brennan, Secretary of Labor and the Occupational Safety and Health Review Commission

Court of Appeals for the Second Circuit

Decided April 18, 1974No. 706, Docket 73-1468PublishedCited by 46 opinions

1Opinion of the Court

MULLIGAN, Circuit Judge:

The employer, REA Express, Inc. (REA), brings this petition to review a final order of the Occupational Safety and Health Review Commission (Commission) , holding the employer liable for a serious violation of the general duty clause of the Occupational Safety and Health Act of 1970 (Act), 29 U.S.C. § 654(a) (1). Petition denied.

REA is an interstate carrier which operates a shipping terminal in Long Island City, New York, known as the PXT terminal, the largest facility of its type in the United States covering an area of four or five city blocks. On Saturday, July 31,…

2Cases cited3 opinions

  1. National Realty and Construction Company, Inc. v. Occupational Safety and Health Review Commission, Secretary of Labor, PartyCourt of Appeals for the D.C. Circuit · 1973
  2. Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and Gerosa, IncorporatedCourt of Appeals for the Second Circuit · 1974
  3. Boris S. Nadiak v. Civil Aeronautics Board and Najeeb E. Halaby, Administrator of the Federalaviation AgencyCourt of Appeals for the Fifth Circuit · 1962

3Cited by46 opinions

  1. Bellamy v. Federal Express Corp.Tennessee Supreme Court · 1988
  2. Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and Raymond Hendrix, D/B/A Alsea Lumber CompanyCourt of Appeals for the Ninth Circuit · 1975
  3. California Stevedore and Ballast Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the Ninth Circuit · 1975
  4. New York State Electric & Gas Corporation v. Secretary of Labor and Occupational Safety and Health Review CommissionCourt of Appeals for the Second Circuit · 1996
  5. Clarkson Construction Company v. Occupational Safety and Health Review Commission and Secretary of LaborCourt of Appeals for the Tenth Circuit · 1976

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