Improved Construction Methods, Inc. (Commission decision, September 28, 1979)

Plain-English summary

A member of the Commission directed this case for review on his own motion. Neither side then objected to the administrative law judge's decision, by petition or in response to the review order. With no appeal and no expression of dissatisfaction from anyone, the Commission declines to pass on, modify, or change the judge's decision absent a compelling public interest.

The decision is affirmed and given the significance of an unreviewed judge's decision, which means it binds these parties but is not Commission precedent.

Authority cited: Abbott-Sommer, Inc., 3 BNA OSHC 2032; Crane Co., 4 BNA OSHC 1015; Keystone Roofing Co. v. OSHRC, 539 F.2d 960, 964 (3d Cir. 1976); Leone Construction Co., 3 BNA OSHC 1979.

Decision snapshot

• Cited standard(s): None identified in this order.
• Outcome: Affirmed, with the judge's decision accorded the significance of an unreviewed judge's decision.
• Key point: A sua sponte direction for review that draws no objection from either party does not get merits treatment; the Commission needs a compelling public interest to disturb an unchallenged judge's decision.

Full text (OSHRC public release)

Docket No. 15685

IMPROVED CONSTRUCTION METHODS, INC.
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OSHRC Docket No. 15685

Occupational Safety and Health Review Commission

September 28, 1979

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Before CLEARY, Chairman; BARNAKO, Commissioner; and COTTINE, Commissioner

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

James E. White, Reg. Sol., USDOL

Micheal K. Wilson, for the employer

OPINION:

DECISION

This case is before the Commission pursuant to a sua sponte order for review.
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The parties have filed no objections to the Administrative Law Judge's decision, either by way of petitions for discretionary review or response to the order for review.
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Accordingly, there has been no appeal to the Commission, and no party has otherwise expressed dissatisfaction with the Administrative Law Judge's decision.

In these circumstances, the Commission declines to pass upon, modify or change the Judge's decision in the absence of compelling public interest.
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See Abbott-Sommer, Inc., 76 OSAHRC 21/A2, 3 BNA OSHC 2032, 1975-76 CCH OSHD para. 20,428 (No. 9507, 1976); Crane Co., 76 OSAHRC 37/A2, 4 BNA OSHC 1015, 1975-76 CCH OSHD para. 20,508 (No. 3336, 1976).
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See also Keystone Roofing Co., Inc., v. O.S.H.R.C., 539 F.2d 960, 964 (3d Cir. 1976).

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

It is ORDERED that the decision be affirmed.