August 11, 1980
LOCAL 8-901 OF OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, PETITIONER
SUN PETROLEUM PRODUCTS, RESPONDENT AND SECRETARY OF LABOR, RESPONDENT
Before Aldisert and Gibbons, Circuit Judges, and Pollak, District Judge.*fn* Before Seitz, Chief Judge, and Aldisert, Adams, Gibbons, Rosenn, Hunter, Weis, Garth, Higginbotham and Sloviter, Circuit Judges, and Pollak, District Judge.
Author: Aldisert; Adams
SUR PETITION FOR REHEARING
The petition for rehearing filed by the Occupational Safety and Health Review Commission in the above entitled case having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied
Opinion SUR DENIAL OF PETITION FOR REHEARING
I would grant the petition for rehearing filed by the Occupational Safety and Health Commission because I believe that precluding the Commission from proceeding with an appeal in the context presented here raises a serious question relating to the effective administration of an important congressional enactment. This is especially so when the role of labor unions has also been restricted by the decision of the Court in this case.