Longview Brass & Aluminum Company (Commission decision, October 31, 1973)

Plain-English summary

A Commission judge dismissed Longview Brass & Aluminum's notice of contest because the company appeared not to have answered the Secretary's complaint. The Commission's file showed that it had received an undated letter intended to serve as the company's answer in both docketed cases. That answer was not before the judge when he granted dismissal. The Commission directed review and reinstated the case so it could proceed.

Decision snapshot

• Cited standard(s): None identified in the official release.
• Outcome: The dismissal for failure to answer was set aside and the case was reinstated.
• Key point: A case could not remain dismissed for a missing answer when the Commission had timely received the employer's intended answer.

Full text (OSHRC public release)

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UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY
OF LABOR,

�������������������������������������������� Complainant,

������������������������ v.

OSHRC DOCKET NOS. 3777 & 3882
(consolidated)

LONGVIEW
BRASS & ALUMINUM COMPANY,

��������������������������������������������� Respondent.

Direction
for Review and Reinstatement Order

�

October 31, 1973

Before MORAN, Chairman,
VAN NAMEE and CLEARY, Commissioners

MORAN, CHAIRMAN:

On
October 1, 1973, Review Commission Judge Herbert E. Bates granted complainant�s motion dated September 10, 1973, to dismiss the respondent�s Notice of Contest for failure to answer the complaint.

Review
of that order is hereby directed.

Inspection
of the Commission�s files in this matter reveals that respondent�s undated letter, constituting an answer and received by the Commission on September 21, 1973, was intended to be effective as to two unconsolidated cases, OSAHRC Docket No. 3777 and the instant case. Said answer was not before the Administrative Law Judge in the instant case at the time he granted complainant�s motion.

In
view of the above, the Commission hereby orders reinstatement of this case.

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY
OF LABOR,

�������������������������������������������� Complainant,

������������������������ v.

OSHRC DOCKET NOS. 3777 & 3882
(consolidated)

LONGVIEW
BRASS & ALUMINUM COMPANY,

��������������������������������������������� Respondent.

�

September 10, 1073

BATES, JUDGE, OSAHRC:

Ruling on Secretary�s
motion to dismiss; Granted.

�