Air Products & Chemicals, Inc. (Commission decision, March 28, 1977)
Review direction vacated at employer's request
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This is citable Commission precedent from 1977, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
Plain-English summary
Air Products asked the Commission to vacate the direction for review in its case. The Commission found that the company did not seek any change to the judge's decision. It granted the motion under the Commission's policy statement, making the judge's decision the final order. Commissioner Moran would have denied the motion. The official release does not identify the cited standards, underlying merits, or penalty result.
Decision snapshot
- Cited standard(s): None identified in the official release.
- Outcome: The direction for review was vacated, and the judge's decision became the final Commission order.
- Key point: Review ended because the employer did not seek modification or reversal of the judge's decision.
Full text (OSHRC public release)
Docket No. 76-0150
AIR PRODUCTS AND CHEMICALS, INC.
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OSHRC Docket No. 76-150
Occupational Safety and Health Review Commission
March 28, 1977
COUNSEL:
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[*1]
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Francis V. LaRuffa, Regional Solicitor, U.S. Department of Labor
Raymond H. Schenck, Air Products & Chemicals, Inc., Law Department, for the employer
OPINION:
ORDER
The Respondent has filed a Motion to Vacate the Direction for Review in the above-captioned case.
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It is clear that the Respondent does not seek modification or reversal of the Judge's decision and, therefore, in accordance with paragraph 1 of the Commission's policy statement, 41 Fed. Reg. 53015 (1976), Respondent's motion is GRANTED.
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The Judge's decision is the final order of the Commission.
Commissioner Moran would deny the motion.
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