Louisiana-Pacific Corporation (Commission decision, July 21, 1978)

Plain-English summary

This is a one sentence order, and the whole of it is procedural. Review in this docket had been directed on the Secretary's petition for discretionary review. On June 2, 1978 the Secretary moved to withdraw that petition. Louisiana-Pacific did not oppose.

The Commission granted the withdrawal in effect and affirmed the administrative law judge's decision of March 27, 1978, expressly because there was no compelling public interest in going forward. The authority cited is Abbott-Sommer, Inc., which supplies the practice: once the petitioning party withdraws and nobody objects, the Commission will not press on to decide the case on its own unless the public interest calls for it.

Nothing about the merits was decided here. The judge's decision stands as the Commission's final order, but it stands because review was abandoned rather than because the Commission examined and approved it. A reader who wants to know what was actually held in this case needs the judge's March 27, 1978 decision, which is not part of this release.

The order names no standard and states no facts about the underlying citation. Note also that this docket has an earlier Commission decision, issued June 17, 1977, which is a separate document.

Decision snapshot

• Cited standard(s): None stated in the order.
• Outcome: Procedural. The judge's decision of March 27, 1978 is affirmed following withdrawal of the petition for discretionary review, without any review of the merits.
• Key point: Where the party who sought review withdraws the petition and the withdrawal is unopposed, the Commission will affirm the judge rather than decide the case itself, absent a compelling public interest.
• Also decided: Nothing further. The order cites Abbott-Sommer, Inc., 3 BNA OSHC 2032 (No. 9507, 1976) as the governing practice.

Full text (OSHRC public release)

Docket No. 6277

LOUISIANA-PACIFIC CORPORATION

OSHRC Docket No. 6277

Occupational Safety and Health Review Commission

July 21, 1978

COUNSEL:

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Baruch A. Fellner, Office of the Solicitor, USDOL

George J. Tichy, for the employer

OPINION:

ORDER

In light of the Secretary's unopposed motion to withdraw his Petition for Discretionary Review dated June 2, 1978, and in the absence of compelling public interest, the Judge's decision dated March 27, 1978, is hereby affirmed.
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See Abbott-Sommer, Inc., 76 OSAHRC 21/A2, 3 BNA OSHC 2032, 1976-77 CCH OSHD para. 20,428 (No. 9507, 1976).