Ezel / Agency Decisions / 77-0841-commission

Tampa Barge Service (Commission decision, December 27, 1979)

The Secretary withdraws his own petition for review, and the judge's decision stands without Commission precedent

Decision type
Commission decision
Docket
77-0841
Decided
December 27, 1979
Outcome
Citations affirmed
Precedential status
Citable Commission precedent
Checked against source
2026-09-11
Official source
Read the official release (oshrc.gov)

Apply this precedent to your situation

This is citable Commission precedent from 1979, 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 1979
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

This is a one-paragraph order, not a merits decision. The Secretary of Labor had petitioned for discretionary review of the administrative law judge's decision, which is what brought the case before the Commission. He then moved to withdraw that petition. The Commission granted the motion.

With no petition left to support review, nothing remained for the Commission to decide. The judge's decision is affirmed. Because the Commission never reached the merits, the decision carries only the precedential value of an unreviewed judge's decision, which is to say it binds the parties before it and settles nothing for anyone else. The order cites Potlatch Corp. for that proposition.

Nothing here tells you what the citation alleged, what standard was at issue, or which side prevailed below. Read the judge's decision for that.

Decision snapshot

  • Cited standard(s): None. This is a procedural order disposing of a withdrawn petition for discretionary review.
  • Outcome: Affirmed. The Secretary's motion to withdraw his petition for discretionary review is granted and the judge's decision is affirmed.
  • 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. 77-841

TAMPA BARGE SERVICE

OSHRC Docket No. 77-841

Occupational Safety and Health Review Commission

December 27, 1979

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[*1]
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Before CLEARY, Chairman; BARNAKO and COTTINE, Commissioners

COUNSEL:

Baruch A. Fellner, Counsel for Regional Litigation, Office of the Solicitor, USDOL

Bobbye D. Spears, Reg. Sol., USDOL

Earl R. McMillin, for the employer

OPINION:

ORDER

The Secretary's motion to withdraw his petition for discretionary review is granted.
�
The judge's decision is affirmed and is accorded the precedential value of an unreviewed judge's decision.
�
Potlatch Corp., 79 OSAHRC 34/F6, 7 BNA OSHC 1370, 1979 CCH OSHD P23,549 (No. 77-3589, 1979), and cases cited therein.
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