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· 12/15/1969

Kelsey v. Philadelphia Local No. 8 of the International Alliance of Theatrical Stage Employes & Moving Picture Machine Operators of the United States & Canada

Citations

  • 419 F.2d 491
  • 73 L.R.R.M. (BNA) 2068

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • no private right of action under Occupational Health and Safety Act, 29 U.S.C. §§ 651-678
  • no private right of action under Occupational Health and Safety Act, 29 U.S.C. §§ 651-678
  • employee does not have an implied private right of action under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678
  • “It seems clear that Congress did not intend OSHA to create a new private cause of action but, on the contrary, intended private rights to be uneffeeted thereby.”
  • “Nowhere in the language of the Act, its legislative history, or in the statutory declaration of purpose and policy in the Act itself is there the slightest implication that Congress considered OSHA creating a private right of action for violation of its terms.”
  • agreeing with Russell v. Bartley

Source: CourtListener parenthetical corpus (CC0).

Judges: McLaughlin

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.