National Oil Recovery Corp. (Commission decision, February 25, 1977)
Direction for review vacated
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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
National Oil Recovery moved to vacate the Commission’s direction for review. The Commission granted the motion, so the judge’s decision became the final order of the Commission. Commissioner Moran dissented. The release does not describe the underlying citation, standard, penalty, or merits ruling.
Decision snapshot
- Cited standard(s): No OSHA standard is identified in this procedural order.
- Outcome: The direction for review was vacated, and the judge’s decision became the final Commission order.
- Key point: Ending Commission review left the judge’s decision in effect without a Commission merits opinion.
Full text (OSHRC public release)
Docket No. 76-854
NATIONAL OIL RECOVERY CORP.
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OSHRC Docket No. 76-854
Occupational Safety and Health Review Commission
February 25, 1977
COUNSEL:
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[*1]
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Baruch A. Fellner, Office of the Solicitor, USDOL
Francis V. LaRuffa, Regional Solicitor, U.S. Department of Labor
Wayne J. Positan, for the employer
OPINION:
ORDER
Respondent's Motion to Vacate the Direction for Review in the above-captioned case is hereby GRANTED, accordingly, the Judge's Decision becomes the final order of the Commission.
Commissioner Moran dissents from this Order.
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