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OSHRC Commission decision Docket 13733 Decided July 18, 1977 Citations affirmed

National Airlines, Inc.

Commission declines review and affirms the judge's decision

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Currency note: this decision dates from 1977
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 National Airlines, Inc. case reached the Commission through a former Commissioner's order directing review. Neither the employer, the Secretary, nor the employee representative challenged the administrative law judge's disposition. The Commission therefore declined to review the case and stated that the judge's decision would have the significance of an unreviewed judge's decision. It affirmed that decision without discussing the underlying citations, any specific safety standard, or a penalty amount.

Decision snapshot

  • Cited standard(s): No specific OSHA standard is identified in the Commission order.
  • Outcome: Affirmed. The Commission declined substantive review because the parties did not dispute the judge's disposition, then affirmed the judge's decision.
  • Key point: When the parties do not take issue with an administrative law judge's disposition, the Commission may decline review and leave the decision with the significance of an unreviewed judge's decision.

Full text (OSHRC public release)

Docket No. 13733

NATIONAL AIRLINES, INC.
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OSHRC Docket No. 13733

Occupational Safety and Health Review Commission

July 18, 1977

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[*1]
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Before BARNAKO, Chairman; and CLEARY, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Bobbye D. Spears, Regional Solicitor, U.S. Department of Labor

John M. Lindsey, General Counsel and Secretary, National Airlines, Inc., for the employer

F. R. Tatum, Sr., Representative of Local 368, Machinists and Aerospace Workers, for the employees

OPINION:

ORDER

BY THE COMMISSION: This case is before the Commission pursuant to a sua sponte order for review by former Commissioner Moran.
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The parties have not taken issue with the Judge's disposition of the case.
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In these circumstances, the Commission will not review the case.
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See Water Works Installation Corp., 76 OSAHRC 61/B8, 4 BNA OSHC 1339, 1976-77 CCH OSHD para. 20,780 (No. 4136, 1976); Crane Co., 76 OSAHRC 37/A2, 4 BNA OSHC 1015, 1975-76 CCH OSHD, 20,508 (No. 3336, 1976).

The Judge's decision is accorded the significance of an unreviewed Judge's decision.
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Leone Constr. Co., 76 OSAHRC 12/E6, 3 BNA OSHC 1979, 1975-76 CCH OSHD para. 20,387 [*2]
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(No. 4090, 1976).

Accordingly, the Judge's decision is affirmed.
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