Centerline Metal Products Co. (Commission decision, May 15, 1972)

Plain-English summary

Centerline Metal Products moved to withdraw its contest during a prehearing conference and agreed to pay an $850 penalty. The government did not oppose the agreement. The judge approved withdrawal, ended the prehearing conference, and canceled the public hearing without deciding the merits. The Commission reviewed the record and affirmed that disposition.

Decision snapshot

• Cited standard(s): No specific OSHA standard number is identified in the decision.
• Outcome: The contest was withdrawn and the case settled for an $850 penalty without a merits ruling.
• Key point: The Commission approved the parties' uncontested withdrawal settlement and closed the case without adjudicating the citation.

Full text (OSHRC public release)

Docket No. 35

CENTERLINE METAL PRODUCTS CO.
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OSHRC Docket No. 35

Occupational Safety and Health Review Commission

May 15, 1972

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Before MORAN, Chairman; VAN NAMEE and BURCH, Commissioners

OPINION:

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BY THE COMMISSION: Having reviewed the entire record in this case, the Commission concludes that the recommended disposition of the case should be, and is hereby, affirmed.

[The Judge's decision referred to herein follows]

LITTLEFIELD, JUDGE, OSAHRC: Pursuant to the Hearing Examiner's Order, a pre-hearing conference was held in Detroit, Michigan, on November 3, 1971.

During the conference, counsel for the Employer moved to withdraw its notice of contest in this matter and agree to pay a penalty of $850.00.
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Counsel for the Government offered no opposition to the motion and agreed to settlement of the case on this basis.

The motion was GRANTED, the pre-hearing conference dismissed, and the scheduled public hearing vacated, closing the case without adjudication on the merits.
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