Quality Boring Co.

Plain-English summary

The judge dismissed Quality Boring's notice of contest after the company failed to answer the Secretary's complaint or respond to an order to show cause. The dismissal also affirmed citations and $7,050 in proposed penalties. The show-cause order had been returned by the Postal Service as unclaimed. A later fax from the company described the case and indicated that it had not abandoned its contest. The Commission set aside the dismissal and remanded so Quality Boring could explain whether it had a sufficient reason for failing to file an answer.

Decision snapshot

• Cited standard(s): No specific standard identified in the decision.
• Outcome: The Commission set aside the default dismissal and remanded for further proceedings.
• Key point: An unclaimed show-cause order and evidence that the employer had not abandoned its case warranted an opportunity to explain the missed answer.

Full text (OSHRC public release)

Quality Boring CO., Docket No. 06-1502

DECISION

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MicrosoftInternetExplorer4

SECRETARY OF LABOR,

Complainant,

v.

OSHRC
Docket No. 06-1502

QUALITY BORING CO.

Respondent.

APPEARANCES:

William Everhart, Regional Solicitor; Amy Sanders
Hairston, Attorney; U.S.
Department of Labor, Dallas ,
TX

For the Complainant

Tilden Barnes, North
Little Rock , AR

For the Respondent

REMAND ORDER

In an order dated December 11, 2006, Chief
Administrative Law Judge Irving Sommer dismissed Quality Boring�s notice of
contest for its failure to file an answer to the Secretary�s complaint or respond
to the judge�s subsequent Order to Show Cause. � The Order to Show Cause had been marked
unclaimed and returned by the Postal Service on November 25, 2006. � In his order, the judge also affirmed the
citations and proposed penalties totaling $7,050. �

On January 10, 2007, the Commission�s
Executive Secretary received a fax from Quality Boring signed by Tilden Barnes,
Manager. � The fax included a letter in
which Mr. Barnes explained some of the circumstances of the case as well as a
copy of Respondent�s notice of contest and its response to a settlement
proposal from the Secretary. �

Based on Mr. Barnes�s fax, which indicates
that Quality Boring has not abandoned the case, and the unclaimed Order to Show
Cause, � we believe that Quality Boring should
be afforded an opportunity to explain whether it had a �sufficient� reason
under Commission Rule of Procedure 101(b), 29 C.F.R. � 2200.101(b) for its
failure to file its answer.

Accordingly, we set aside the judge�s
dismissal and remand this case to him for further proceedings.

SO ORDERED.

/s/________

W. Scott
Railton

Chairman

/s/_________

Thomasina V.
Rogers

Commissioner ������������������������������������������������

/s/_________

����������������������������������������������������������� Horace A.
Thompson

����������������������������������������������� ����������� Commissioner

Date: �
January 16, 2007

Secretary
of Labor,

����������������� Complainant,

����������������� V.

OSHRC
DOCKET NO. 06-1502

QUALITY
BORING CO.,

����������������� Respondent.

ORDER

On 11/6/06 the
undersigned issued an ORDER
TO SHOW CAUSE to the Respondent as to why his Notice of
Contest should not be dismissed for failure to file an answer to the complaint
as required by the Commission Rules of Procedure. The Respondent failed to
reply to the ORDER. His actions demonstrate either that he has abandoned the
case or treats the Rules of Procedure of the Commission with disdain. This
cannot be countenanced as it seriously impedes the administration of justice.

Accordingly,
the Notice of Contest filed by the Respondent is dismissed. The Secretary�s
citation(s) and proposed penalties are AFFIRMED in all respects.

/s/

IRVING SOMMER

Chief Judge

DATE:
December 11, 2006

Washington , D.C.