Legal Opinion
Peter J. Brennan, Secretary of Labor v. Occupational Safety and Health Review Commission and S. J. Otinger, Jr., Construction Company
Court of Appeals for the Fifth Circuit
Decided October 3, 1974No. 73-3068PublishedCited by 14 opinions
1Opinion of the Court
SIMPSON, Circuit Judge:
The Secretary of Labor (Secretary) pursuant to Section 11(b) of the Occupational Safety and Health Act of 1970 (Act) has petitioned this Court to decide whether the Occupational Safety and Health Review Commission (Commission) had jurisdiction to reconsider an order made final by operation of Section 12(j) of the Act, 1 *Title 29, U.S.C., § 661 (i). We grant the petition for review, holding that the Commission lacked jurisdiction to reconsider its final order.
The facts pertinent to this appeal, while complex, are uncontroverted. On September 5, 1972, the Secretary cited…
2Cases cited3 opinions
- Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
- Civil Aeronautics Board v. Delta Air Lines, Inc.Supreme Court of the United States · 1961
- United States v. Seatrain Lines, Inc.Supreme Court of the United States · 1947
3Cited by14 opinions
- Providence Journal Co. v. Federal Bureau of InvestigationDistrict Court, D. Rhode Island · 1978
- Marshall v. Monroe & Sons, Inc.Court of Appeals for the Sixth Circuit · 1980
- Elaine M. Chao, Secretary of Labor v. Russell P. Le Frois Builder, Inc. Occupational Safety and Health Review CommissionCourt of Appeals for the Second Circuit · 2002
- Macktal v. ChaoCourt of Appeals for the Fifth Circuit · 2002
- Bowers v. KellerCourt of Appeals for the Eleventh Circuit · 2011
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