b'HighCourt to be Asked ToRule onOSHA The Supreme Courtwillbe asked to ruleontheconstitutionalityofthe Occupational Safety and Health Act, it wasannouncedtodaybyMcNeil! Stokes,GeneralCounselforthe American Subcontractors Association, andthe National Roofing pontractors Association.cave-in wh1cn lnllect an lrey employeeclaimingOSHAabridgesemployers\' The test of OSHA\'s constitutionalityinMorgantown,WestVirginia.IreyFourth,Fifth,Sixth,andSeventh is based on the case Frank Irey, Jr. v.was assessed apenaltyof$7,500.HeAmendment rights of dueprocessof OccupationalSafetyandHealthRe appealedtotheOSHAReviewlaw, the right to trial by jury, and the view Commission, et. al., in which Irey,Commission where the willful violationrightof the accusedtoconfronthis a subcontractor, was judged guilty of awas upheld and the penalty reduced toaccusers(whoremainsecretunder willful OSHA violation by OSHA safety$5,000.Subsequently,Irey challengedcurrentOSHAprovisions). inspectors whoinvestigated atrenchOSHA\'sconstitutionalityincourt,Inpresentingthecasebeforethe U.S.Courtof AppealsfortheThird Circuit in Philadelphia, Irey\'s attorney, McNeillStokes,arguedthatOSHA prov1s10nsaretantamounttoan unlawful delegation of police power to theexecutivebranchanddeny employers the right to normal judicial review. TheAppealsCourtdismissedthe chargesofawillfulviolationand acknowledged the "force and logic"of theargumentsagainstOSHA\'sconstitutionality, but nevertheless upheld OSHA\'svalidityina2-to-1decision. The Court\'s dissenting opinion argued, however,thatOSHAisunconstitutional because it permits only limited judicialreviewanddeniesthe defendantemployerhisSeventh Amendment right to trial by jury. According to ASA Counsel Stokes, there iseveryreasontobelievethe SupremeCourtwillhearthecase because "technically,whattheThird - ELASTOFORMFLASHINGCircuit Court has done is to pass the ASPHALTFELT ~COAT ASPHALTcase on to the Supreme Court for a final FLOOD & GRAVELresolution of the issues involved." BONDING ~ADHESIVE =HOT ASPHALT =BUILT-UPROOFINGARMA and FM to study inter-relation of roof components The Asphalt Roofing Manufacturers Association, Built Up Roofing Committee has started atesting programto studytheinter-relationofbuilt-up roofing components including the roof deck,indulstion,adhesives,membranes, etc. Factory Manual will conduct the test series at their Norwood, Mass. Laboratories. ASA Convention Theme Strike It Rich The American Subcontractors Associationwillholdtheir4thNational Convention in San Francisco, California March 19-24, 1975. Their theme "Strike It Rich"willcovertopic\'srelatedto capitalizingontoday\'sinflationary trendsandmakingthemostofthe available opportunity. For full details, contact ASA, 815 15th St., N.W., Suite 902,Washington,D.C.20005,or telephonethemdirectat(202) 783-1883. 4American Roofer & Building Improvement contractorNov. - Dec. 1974'