United States Steel International, Ltd. (Commission decision, June 28, 1974)

Plain-English summary

A judge dismissed the citation because it had been issued 52 calendar days after inspection. Immediately before the dismissal order arrived, however, the parties had resolved the case. The Secretary amended the complaint to allege a violation of 29 C.F.R. § 1926.50(c) with a $155 penalty, and United States Steel International requested withdrawal of its contest and offered payment. Because no dispute remained, the Commission reversed the dismissal, allowed the amendment, and granted the withdrawal.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1926.50(c)
• Outcome: The promptness dismissal was reversed, the amended citation and $155 penalty were accepted, and the notice of contest was withdrawn.
• Key point: A judge's dismissal will be reversed when the parties had already resolved the dispute through an amended charge and contest withdrawal.

Full text (OSHRC public release)

Docket No. 6331

UNITED STATES STEEL INTERNATIONAL, LTD.
�

OSHRC Docket No. 6331

Occupational Safety and Health Review Commission

June 28, 1974

�
[*1]
�

Before MORAN, Chairman; VAN NAMEE and CLEARY, Commissioners

OPINION:

�
BY THE COMMISSION: An order of Review Commission Judge William E. Brennan dated March 27, 1974, is before this Commission for review pursuant to 29 U.S.C. �
�
661(i).
�
The Judge had granted respondent's Motion to Dismiss for failure of complainant to comply with 29 U.S.C. �
�
658(a).
�
Immediately prior to receipt of the Judge's order however the parties withdrew the case.
�
Complainant amended his complaint to allege a failure to comply with the requirements of 29 C.F.R. �
�
1926.50(c) and proposed a penalty of $155 therefor.
�
Respondent requested withdrawal of its notice of contest and offered payment of that proposed penalty.

Consequently, there being no issue in dispute, we reverse the Judge's order, allow the complainant's amendement, and grant respondent's request to withdraw its notice of contest.

[The Judge's decision referred to herein follows]

BRENNAN, JUDGE, OSAHRC: Respondent's amended motion to dismiss the citation herein (R.p.10) on grounds that said citations were not issued with "Reasonable promptness" (Section 9(a) of Act, 29 U.S.C. 658(a)) is Granted.
�
Secretary of Labor
v.
�
Chicago Bridge
�
[*2]
�
�
and Iron Company,

Inspection made 11/26/73.
�
Citation issued 1/16/74.
�
Elapsed time -- 52 calendar days; 37 working days.
�