Pearson Electric Co., Inc.
Unopposed judge decision affirmed
Apply this precedent to your situation
This is citable Commission precedent from 1977, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
Plain-English summary
The Commission placed the case on review on its own initiative after severing it from another docket. Neither party challenged the judge's disposition. The Commission therefore declined substantive review and affirmed the judge's decision. It stated that the decision retains the significance of an unreviewed judge decision. The release does not identify the cited standards, workplace facts, outcome details, or penalties.
Decision snapshot
- Cited standard(s): Not identified in the Commission release
- Outcome: Judge's decision affirmed without substantive Commission review
- Key point: When neither party challenges the disposition, the Commission may decline review and leave the judge's decision with unreviewed status.
Full text (OSHRC public release)
Docket No. 14721
PEARSON ELECTRIC COMPANY, INC.
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OSHRC Docket No. 14721
Occupational Safety and Health Review Commission
August 24, 1977
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Before BARNAKO, Chairman; and CLEARY, Commissioner.
COUNSEL:
Baruch A. Fellner, Office of the Solicitor, USDOL
Francis V. LaRuffa, Regional Solicitor, USDOL
Howard J. Woronov, for the employer
Anthony P. Adorante, for the employer
OPINION:
ORDER
BY THE COMMISSION: This case is before the Commission pursuant to a sua sponte order for review by former Commissioner Moran. * 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 10 5, 1975-76 CCH OSHD, 20,508 (No. 3336, 1976).
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This case is severed from Docket No. 14516 pursuant to Commission Rule 10, 29 C.F.R. �
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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 (No. 4090, 1976).
Accordingly, the [*2]
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Judge's decision is affirmed.
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