Chobee Steel Erectors, Inc. (Commission decision, November 15, 1979)

Plain-English summary

A one-paragraph order. The Secretary of Labor had petitioned for discretionary review of the administrative law judge's decision, then moved on March 27, 1978 to withdraw that petition. The Commission grants the motion.

With the petition gone, there is nothing left for the Commission to review. The judge's decision is affirmed and given the weight of an unreviewed judge's decision under Potlatch Corp., meaning it binds these parties in this case but sets no Commission precedent.

The order says nothing about what the citations alleged, which side prevailed below, or why the Secretary changed his mind.

Decision snapshot

• Cited standard(s): None identified in this order.
• Outcome: Affirmed. The motion to withdraw the petition for discretionary review is granted and the judge's decision stands, accorded the precedential value of an unreviewed judge's decision.
• Key point: Withdrawing the petition that triggered review leaves the judge's decision intact but strips it of Commission precedential weight.

Full text (OSHRC public release)

Docket No. 77-313

CHOBEE STEEL ERECTORS, INC.
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OSHRC Docket No. 77-313

Occupational Safety and Health Review Commission

November 15, 1979

COUNSEL:

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Baruch A. Fellner, Office of the Solicitor, USDOL

Bobbye D. Spears, Regional Solicitor, U.S. Department of Labor

Richard G. Carsten, Chobee Steel Erectors, Inc., for the employer

OPINION:

ORDER

The Secretary's motion dated March 27, 1978, to withdraw his petition for discretionary review is granted.
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The judge's decision is affirmed and is accorded the precedential value of an unreviewed judge's decision, pursuant to the Commission's decision in Potlatch Corp., 79 OSAHRC    , 7 BNA OSHC 1370, 1979 CCH OSHD P23,549 (No. 77-3589, 1979), and cases cited therein.
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