Donovan v. United Transportation Union

This case is before the court on remand from the United States Supreme Court, which reversed this court’s prior judgment. See Donovan v. United Transportation Union, 748 F.2d 340 (6th Cir.1984), rev’d sub nom. Cuyahoga Valley Railway Co. v. United Transportation Union, — U.S. -, 106 S.Ct. 286, 88 L.Ed.2d 2 (1985).

In 1976 the Secretary of Labor filed a complaint with the Occupational Safety and Health Review Commission citing the Cuyahoga Valley Railway Company for violations of the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq (1982). The union representing the employees of the…