Ezel / Agency Decisions / 6349-commission

Mallory Electric Company (Commission decision, May 28, 1974)

Cases remanded and consolidated

Decision type
Commission decision
Dockets
6349, 6396
Decided
May 28, 1974
Outcome
Remanded
Precedential status
Citable Commission precedent
Checked against source
2026-07-29
Official source
Read the official release (oshrc.gov)

Apply this precedent to your situation

This is citable Commission precedent from 1974, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1974
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Decision of the Commission
This is a decision of the Occupational Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance; check subsequent history before relying on it. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the agency's own release.
Read the official release (oshrc.gov)

Plain-English summary

A judge had vacated the Secretary's citation and proposed penalty because no complaint was filed within the time required by Commission Rule 33(a)(1). The Commission then remanded the matter and consolidated OSHRC Docket Nos. 6349 and 6396. The brief release does not identify the cited safety standard, the underlying workplace condition, or the reason for the remand.

Decision snapshot

  • Cited standard(s): Not identified in the release
  • Outcome: The cases were remanded and consolidated.
  • Key point: The Commission returned the matter for further proceedings after the judge's procedural vacatur.

Full text (OSHRC public release)

false
false
false

EN-US
X-NONE
X-NONE

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,

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

������������������������ v.

OSHRC DOCKET NOS. 6349 &
6396 (Consolidated)

MALLORY ELECTRIC COMPANY,

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

ORDER
OF REMAND

May 28, 1974

BY THE
COMMISSION:

Notice
is hereby given of order to wit: case remanded and consolidated with OSAHRC
Docket No. 6349.

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,

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

������������������������ v.

OSHRC DOCKET NOS. 6349 &
6396 (Consolidated)

MALLORY ELECTRIC COMPANY,

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

December 19,
1973

CHAPLIN, JUDGE,
OSAHRC:

Notice
is hereby given that the Secretary�s Citation and Proposed Penalty in the above captioned case are vacated for failure to comply with Commission Rule 33(a)(1)
[29 CFR 2200.33(a)(1)] which requires the filing of a Complaint with the Review Commission no later than 20 days after the Secretary received the notice of contest. [*]

[*]
The notice of contest was received February 1, 1974 and no complaint has been
filed to date.

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