Osh Oshd Marshall 79-1822 v. Sun Petroleum Products Co Local 8-901 of Oil Chemical and Atomic Workers International Union 79-1828’s Empirical Analysis
622 F.2d 1176 · 1980
Citation profile
23 federal appellate · 1 state decisions
How this case has been cited
Cited by 64 later decisions — most recently November 2014 · most notably Riggers Erectors Inc v. Occupational Safety & Health Review Commission J Standard Roofing & Sheet Metal Inc (1982), Todd Shipyards Corp. v. Black (1983)
23 federal appellate · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Atlas Roofing Company Inc v. Occupational Safety and Health Review Commission Irey · Phelps Dodge Corp. v. AFL-CIO Joint Negotiating Committee · Illinois ex rel. Kennedy v. Hurley · Federal Trade Commission v. Dean Foods Co. · International Union United Automobile Aerospace and Agricultural Implement Workers of America v. Scofield International Union
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“issue an order, based on findings of fact, affirming, modifying, or vacating the Secretary's citation or proposed penalty, or directing other appropriate relief, and such order shall become final thirty days after its issuance.”
7 later decisions quote this exact passage · from the concurrencee.g. United Steelworkers of America, Afl-Cio-Clc v. St. Joe Resources, Amax Lead Co. And Occupational Safety and Health Review Commission, Elizabeth Dole, Secretary of Labor, U.S. Department of Labor v. Amax Lead Company of Missouri and Occupational Safety and Health Review Commission, Elizabeth Dole, Secretary of Labor, U.S. Department of Labor v. St. Joe Resources Company, Occupational Safety and Health Review Commission · Oil, Chemical & Atomic Workers International Union v. Occupational Safety & Health Review Commission“deemed a final order of the Commission and not subject to review by any court or agency.”
3 later decisions quote this exact passage · from the majority“If the employer decides to contest a citation or notification or proposed assessment of penalty, the Secretary must afford an opportunity for a formal hearing under the Administrative Procedure Act. Based upon the hearing record the Secretary shall issue an order confirming, denying, or modifying the citation, notification, or proposed penalty assessment. The procedural rules prescribed by the Secretary for the conduct of such hearings must make provision for affected employees or other representatives to participate as parties. Section 10(c) also gives an employee or representative of employees a right, whenever he believes that the period of time provided in a citation for abatement of a violation is unreasonably long, to challenge the citation on that ground. Such challenges must be filed within 15 days of the issuance of the citation and an opportunity for a hearing must be provided in similar fashion to hearings when an employer contests. The employer is to be given an opportunity to participate as a party. Id. (Emphasis added).”
2 later decisions quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.