Oil Chemical and Atomic Workers International Union 3-499 v. Occupational Safety and Health Review Commission’s Empirical Analysis
671 F.2d 643 · 1982
Citation profile
27 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 44 later decisions — most recently September 2015 · most notably Kalaris v. Donovan (1983), Donovan v. Occupational Safety & Health Review Commission (1983)
27 federal appellate · 1 district · 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 Vaca v. Sipes · Dunlop v. Bachowski · Atlas Roofing Company Inc v. Occupational Safety and Health Review Commission Irey · Lassiter v. Department of Social Services · Illinois ex rel. Kennedy v. Hurley
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The commission was envisioned by its creators to be similar to a district court. It was established to settle disputes between employers and the Secretary of Labor over citations issued by the Secretary’s inspectors. The commission, like a district court, has no duty or interest in defending its decision on appeal. As a purely adjudicative entity, it has no stake in the outcome of the litigation.”
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 majority“as parties to hearings under this subsection.”
2 later decisions quote this exact passage · from the majority
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.