Oscar J. Boldt Construction Co. (Commission decision, May 18, 1977)

Plain-English summary

This is a short Commission order involving Oscar J. Boldt Construction Co. The Commission called the case for review on its own motion after an Administrative Law Judge issued a decision. Neither party objected or otherwise asked the Commission to change the ruling. Because the review order identified no compelling public interest issue, the Commission declined to address the merits and affirmed the judge's decision. The release does not identify the cited standard, the underlying facts, or the penalty.

Decision snapshot

• Cited standard(s): Not stated in this release.
• Outcome: The Administrative Law Judge's decision was affirmed without merits review.
• Key point: The Commission may leave a judge's decision unchanged when no party objects and no compelling public interest calls for review.

Full text (OSHRC public release)

Docket No. 16106

OSCAR J. BOLDT CONSTRUCTION CO.
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OSHRC Docket No. 16106

Occupational Safety and Health Review Commission

May 18, 1977

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Before BARNAKO, Chairman; and CLEARY, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Herman Grant, Reg. Sol., USDOL

James L. Kennedy, Oscar J. Boldt Construction Co., for the employer

James H. Wilz, for the employees

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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Abbott-Sommer, Inc., 3 BNA OSHC 2032, 1975-76 CCH OSHD para. 20,428 (No. 9507, 1976); Crane Co., 4 BNA OSHC 1015, 1975-76 CCH OSHD para. 20,508 (No. 3336, 1976); see also Keystone Roofing Co., Inc., v. O.S.H.R.C., 539 F.2d 960, 964 (3d Cir. 1976). The order for review in this case describes no compelling public interest issue.

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

It is ORDERED that the decision be affirmed.
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