Norrwock Shoe Company, Div. of SCOA Industries, Inc. (Commission decision, May 27, 1975)

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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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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