TY - JOUR AU - Cleary, Timothy F. T1 - Inter-Agency Relationships Under OSHA: A Brief Review of OSHRC Decisions. JO - Labor Law Journal JF - Labor Law Journal Y1 - 1978/01// VL - 29 IS - 1 M3 - Article SP - 3 EP - 8 PB - CCH Incorporated SN - 00236586 AB - This article examines inter-agency relationships under the Occupational Safety and Health Act (OSHA) in the U.S. in 1970. The Occupational Safety and Health Act T has been a revolutionary piece of legislation. It established a new national policy of providing for comprehensive job safety and health. Its umbrella-like protection supplemented previously fragmented laws that provided protection only for employees engaged in work under government contracts or employed in certain narrow sectors of the private economy. The effects of the Act were intended to be and have been far-ranging. Therefore, it is not surprising that much time has been spent both by the Occupational Safety and Health Review Commission and the courts in defining the limits of OSHA coverage. Now that OSHA has been in effect for over five years, it seems both useful and appropriate to examine the state of law on the coverage of OSHA. OSHA was enacted with the stated purpose to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources .Hence, the broad applicability of the Act is prescribed by section 4(a) of the industrial safety legislation. INSET: ACTIVITY ON STANDARDS. KW - INDUSTRIAL safety -- Law & legislation KW - LABOR laws & legislation KW - ACCIDENT law KW - SAFETY regulations KW - UNITED States N1 - Accession Number: 5821443; Cleary, Timothy F. 1; Affiliations: 1: Chairman, Occupational Safety and Health Review Commission; Issue Info: Jan78, Vol. 29 Issue 1, p3; Thesaurus Term: INDUSTRIAL safety -- Law & legislation; Thesaurus Term: LABOR laws & legislation; Subject Term: ACCIDENT law; Subject Term: SAFETY regulations; Subject: UNITED States; NAICS/Industry Codes: 926150 Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors; NAICS/Industry Codes: 926120 Regulation and Administration of Transportation Programs; Number of Pages: 6p; Document Type: Article UR - https://auth.lib.unc.edu/ezproxy_auth.php?url=http://search.ebscohost.com/login.aspx?direct=true&db=buh&AN=5821443&site=ehost-live&scope=site DP - EBSCOhost DB - buh ER - TY - JOUR AU - Cleary, Timothy F. T1 - Some Aspects of Agency Review of Initial Decisions of Administrative Law Judges. JO - Labor Law Journal JF - Labor Law Journal Y1 - 1980/09// VL - 31 IS - 9 M3 - Article SP - 531 EP - 538 PB - CCH Incorporated SN - 00236586 AB - This article examines the relationship between administrative law judges and their reviewing agencies in the United States. At the outset, in the interest of judicial realism one striking similarity exists between agency review of action by administrative law judges and judicial review of agency action. A substantial dissimilarity between judicial review of agency action and agency review of administrative law judge action lies in the description of the relationship between the courts and the agency on the one hand and that between the agencies and the administrative law judges on the other. When judicial review is rigorous, the relationship between the courts and the agencies is called a "partnership" in furtherance of the public interest and the entities are called "collaborative instrumentalities of justice." Under Section 8(a) of the Administrative Procedure Act, whenever the presiding officer makes an initial decision, the initial decision will become the agency's final decision in the absence of an appeal to or a review by the agency. KW - ADMINISTRATIVE law KW - ADMINISTRATIVE procedure KW - LEGAL professions KW - JUDICIAL review KW - JUDGES -- United States KW - COURTS -- United States KW - EXAMINERS (Administrative procedure) KW - UNITED States N1 - Accession Number: 5816597; Cleary, Timothy F. 1; Affiliations: 1: Chairman, Occupational Safety and Health Review Commission.; Issue Info: Sep80, Vol. 31 Issue 9, p531; Thesaurus Term: ADMINISTRATIVE law; Thesaurus Term: ADMINISTRATIVE procedure; Thesaurus Term: LEGAL professions; Subject Term: JUDICIAL review; Subject Term: JUDGES -- United States; Subject Term: COURTS -- United States; Subject Term: EXAMINERS (Administrative procedure); Subject: UNITED States; NAICS/Industry Codes: 922110 Courts; Number of Pages: 8p; Document Type: Article UR - https://auth.lib.unc.edu/ezproxy_auth.php?url=http://search.ebscohost.com/login.aspx?direct=true&db=buh&AN=5816597&site=ehost-live&scope=site DP - EBSCOhost DB - buh ER - TY - JOUR AU - Lafranchise, Sr., Paul A. AU - Leibig, Michael T. T1 - Collective Bargaining for Parity In the Public Sector. JO - Labor Law Journal JF - Labor Law Journal Y1 - 1981/09// VL - 32 IS - 9 M3 - Article SP - 598 EP - 608 PB - CCH Incorporated SN - 00236586 AB - The article focuses on collective bargaining for parity in the public sector of the U.S. Issues of wage comparability are among the most controversial in public sector collective bargaining. With inflationary pressures on state and local budgets increasing the difficulties generated by federal budget cutting, wage issues, especially those related to mechanisms designed to generate changes in wage, are destined to become even more controversial. Public unions are under increasing pressure from the membership for wage protection; public employers must satisfy taxpayer demands of better services at lower cost. Issues of wage comparability and equity must be settled at the local level. The parity clause has been used extensively as a method of calculating salaries and as an aid in the resolution of public sector labor disputes. Until 1976, no serious challenge to parity had been successful. Recently, however, state courts and public employee labor relations boards or commissions in several states have found, for one reason or another, that a parity clause makes one union an uninvited party to negotiations between the government employer and a second union. KW - COLLECTIVE bargaining KW - PUBLIC sector KW - INDUSTRIAL relations KW - WAGES KW - PARITY KW - UNITED States N1 - Accession Number: 5867982; Lafranchise, Sr., Paul A. 1; Leibig, Michael T. 2,3; Affiliations: 1: Attorney Advisor (Labor), U. S. Occupational Safety and Health Review Commission, Washington, D. C.; 2: Partner, Washington, D. C., law firm of Zwedling, Leibig and Kahn.; 3: Adjunct Professor, Georgetown University Law Center.; Issue Info: Sep81, Vol. 32 Issue 9, p598; Thesaurus Term: COLLECTIVE bargaining; Thesaurus Term: PUBLIC sector; Thesaurus Term: INDUSTRIAL relations; Thesaurus Term: WAGES; Subject Term: PARITY; Subject: UNITED States; Number of Pages: 11p; Document Type: Article UR - https://auth.lib.unc.edu/ezproxy_auth.php?url=http://search.ebscohost.com/login.aspx?direct=true&db=buh&AN=5867982&site=ehost-live&scope=site DP - EBSCOhost DB - buh ER - TY - JOUR AU - Foulke Jr., Edwin G. AU - Strickler, Scott H. T1 - The Occupational Safety and Health Review Commission: An Overview. JO - Labor Law Journal JF - Labor Law Journal Y1 - 1991/01// VL - 42 IS - 1 M3 - Article SP - 3 EP - 7 PB - CCH Incorporated SN - 00236586 AB - This article presents an overview of the U.S. Occupational Safety and Health Review Commission (OSHRC). OSHRC was created for the purpose of carrying out adjudicatory functions under the Occupational Safety and Health Act on 1970. OSHRC is an independent adjudicative agency that is part of the Executive Branch. However, it is not associated with the U.S. Department of Labor. The agency is headed by a three-member Commission, consisting of a Chairman and two Commissioners, who are appointed by the U.S. President with the advice and consent of the U.S. Senate. OSHRC utilizes Administrative Law Judges (ALJs) to hear cases. When an employer receives a citation from the U.S. Occupational Safety and Health Administration, the employer has the option of either contesting the citation within 15 working days of receipt or allowing the citation to become a final order of OSHRC by operation of law. The employer also has the option of contesting only the proposed penalties. An employee or authorized representative may contest the amount of time allowed by the U.S. Secretary for abatement of the allegedly violative conditions. Any party contesting a citation or proposed abatement date is entitled to a hearing before an ALJ. INSET: State Law Claim Preempted by ERISA. KW - INDUSTRIAL safety KW - EMPLOYERS KW - ADMINISTRATIVE law KW - EXAMINERS (Administrative procedure) KW - UNITED States. Occupational Safety & Health Review Commission N1 - Accession Number: 5870947; Foulke Jr., Edwin G. 1; Strickler, Scott H.; Affiliations: 1: Chairman, Occupational Safety and Health Review Commission; Issue Info: Jan91, Vol. 42 Issue 1, p3; Thesaurus Term: INDUSTRIAL safety; Thesaurus Term: EMPLOYERS; Thesaurus Term: ADMINISTRATIVE law; Subject Term: EXAMINERS (Administrative procedure) ; Company/Entity: UNITED States. Occupational Safety & Health Review Commission; Number of Pages: 5p; Document Type: Article UR - https://auth.lib.unc.edu/ezproxy_auth.php?url=http://search.ebscohost.com/login.aspx?direct=true&db=buh&AN=5870947&site=ehost-live&scope=site DP - EBSCOhost DB - buh ER - TY - JOUR AU - Foulke Jr., Edwin G. AU - Beck, Thomas M. T1 - The General Duty Clause of the Occupational Safety and Health Act of 1970. JO - Labor Law Journal JF - Labor Law Journal Y1 - 1993/03// VL - 44 IS - 3 M3 - Article SP - 131 EP - 142 PB - CCH Incorporated SN - 00236586 AB - This article explores how the U.S. Occupational Safety and Health Review Commission, as well as the courts, have construed and applied the general duty clause of the Occupational Safety and Health Act of 1970. In Con Agra Inc., the employer was cited under the general duty clause for failing to test the interiors of all railroad cars containing grain for residual airborne pesticides before allowing employees to enter the cars. It is not sufficient proof for the Secretary of Labor to establish industry recognition by merely having an Occupational Safety and Health Administration compliance officer testify that the hazard is recognized within the industry. The word likely has been the source of much consternation as the Review Commission and the courts have tried to apply the general duty clause. One aspect of the general duty clause, which has often been overlooked by commentators, as well as by the Review Commission and appellate courts, is the requirement that what must be caused by the recognized hazard is death or serious physical harm. Evidence is presented in cases where the gravity of the potential injury is not so immediately obvious. The feasibility of abatement articulated by the District of Columbia Circuit in National Realty is an element not drawn directly from the language of the general duty clause itself but rather from the intent of Congress that the general duty be an achievable one. INSET: OSHA Revises Confined Space Rules. KW - CLAUSES (Law) KW - INDUSTRIAL hygiene -- Law & legislation KW - EMPLOYERS' liability KW - UNITED States KW - EVIDENCE (Law) KW - JUDICIAL process KW - UNITED States. Occupational Safety & Health Review Commission KW - CONAGRA Foods Inc. KW - NATIONAL Realty LP N1 - Accession Number: 5810682; Foulke Jr., Edwin G. 1; Beck, Thomas M. 2; Affiliations: 1: Chairman of the Occupational Safety and Health Review Commission; 2: Associate attorney with the law firm of Jones, Day, Reavis & Pogue; Issue Info: Mar93, Vol. 44 Issue 3, p131; Thesaurus Term: CLAUSES (Law); Thesaurus Term: INDUSTRIAL hygiene -- Law & legislation; Thesaurus Term: EMPLOYERS' liability; Subject Term: UNITED States; Subject Term: EVIDENCE (Law); Subject Term: JUDICIAL process ; Company/Entity: UNITED States. Occupational Safety & Health Review Commission ; Company/Entity: CONAGRA Foods Inc. ; Company/Entity: NATIONAL Realty LP Ticker: NLP; Number of Pages: 12p; Document Type: Article UR - https://auth.lib.unc.edu/ezproxy_auth.php?url=http://search.ebscohost.com/login.aspx?direct=true&db=buh&AN=5810682&site=ehost-live&scope=site DP - EBSCOhost DB - buh ER - TY - JOUR AU - Thompson, Velma Montoya AU - Thompson, Earl A. T1 - Achieving optimal fines for political bribery: A suggested political reform. JO - Public Choice JF - Public Choice Y1 - 1993/12// VL - 77 IS - 4 M3 - Article SP - 773 EP - 791 SN - 00485829 AB - Allowing appropriately high fines for political bribery would eliminate: (1) the large and allocatively arbitrary bribes paid to our most senior, retiring, politicians (2) the more moderate, but ubiquitous and still allocatively arbitrary bribes paid to less senior, but strategically successful, politicians, and (3) the permanent loss, through censure or expulsion, of some highly proficient, but strategically less successful, legislative representatives. Moreover, with fines appropriately set, the incentives theoretically describing the entire political system would be elevated from allocative arbitrariness to approximately Pareto optimal levels. However, to create legislatures generally willing to support these wholesale political-economic improvements, legally trained individuals must be exorcized from the legislatures. [ABSTRACT FROM AUTHOR] AB - Copyright of Public Choice is the property of Springer Science & Business Media B.V. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) KW - BRIBERY KW - FINES (Penalties) KW - GOVERNMENT policy KW - LAW & legislation KW - POLITICAL corruption KW - POLITICAL change KW - POLITICAL participation KW - BRIBERY KW - FINES N1 - Accession Number: 21144907; Thompson, Velma Montoya 1; Thompson, Earl A. 2; Affiliations: 1: Occupational Safety and Health Review Commission, Washington, DC 20006; 2: Department of Economics, University of California, Los Angeles, CA 90024; Issue Info: Dec93, Vol. 77 Issue 4, p773; Thesaurus Term: BRIBERY; Thesaurus Term: FINES (Penalties); Thesaurus Term: GOVERNMENT policy; Subject Term: LAW & legislation; Subject Term: POLITICAL corruption; Subject Term: POLITICAL change; Subject Term: POLITICAL participation; Author-Supplied Keyword: BRIBERY; Author-Supplied Keyword: FINES; Number of Pages: 19p; Document Type: Article UR - https://auth.lib.unc.edu/ezproxy_auth.php?url=http://search.ebscohost.com/login.aspx?direct=true&db=buh&AN=21144907&site=ehost-live&scope=site DP - EBSCOhost DB - buh ER -