Ezel / Agency Decisions / 11766-commission
OSHRC Commission decision Docket 11766 Decided May 27, 1975 Procedural

Norrwock Shoe Company, Div. of SCOA Industries, Inc.

Citation dismissed for lack of evidence

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Currency note: this decision dates from 1975
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Decision of the Commission
This is a decision of the Occupational Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance; check subsequent history before relying on it. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

The Secretary moved to dismiss the citation and complaint for lack of evidence, and the judge granted the motion. On review, the Commission asked whether affected employees had received notice. The company then certified that it posted the dismissal motion, the judge's order, and the direction for review in conspicuous locations. No employee sought party status, and the record indicated there was no authorized employee representative. The Commission affirmed dismissal.

Decision snapshot

  • Cited standard(s): Not stated in the public release
  • Outcome: The citation and complaint were dismissed for lack of evidence.
  • Key point: Posting the dismissal materials provided adequate notice where employees had no authorized representative and none objected or sought party status.

Full text (OSHRC public release)

Docket No. 11766

NORRWOCK SHOE COMPANY, DIV. OF SCOA INDUSTRIES, INC.
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OSHRC Docket No. 11766

Occupational Safety and Health Review Commission

May 27, 1975

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[*1]
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Before MORAN, Chairman; and CLEARY, Commissioner

OPINION:

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BY THE COMMISSION: An order of Judge Ben D. Worcester, dated April 2, 1975, granting the Secretary's motion to dismiss the complaint and citation for lack of evidence, is before us for review.
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Submissions were invited on whether the respondent's employees were given notice by posting of the motion.

Subsequently, on May 9, 1975, the respondent certified that it has posted in conspicuous locations the Secretary's motion, the Judge's order, and the direction for review.
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No employee has elected to participate as a part in this case, Respondent's certification of the posting of his notice of contest indicates that there is no authorized employee representative.

We affirm the Judge's order.
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See Wheeling-Pittsburgh Steel Corp.,
No. 4793 (September 24, 1974);
Pacific Intermountain Express Co.,
No. 4303 (September 24, 1974).

[The Judge's decision referred to herein follows]

WORCESTER, JUDGE: The motion of the Secretary to dismiss the citation and complaint is granted.
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