Ezel / Agency Decisions / 78-0414-commission
OSHRC Commission decision Docket 78-0414 Decided August 22, 1979 Procedural

Miller Ceramics, Inc.

Case severed from its companions and the ALJ decision affirmed as an unreviewed judge's decision

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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 Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

This is a short Commission order, not a full merits decision. The Commission severed Miller Ceramics from its companion cases, Hull Pottery (No. 78-555) and Baldwin Industries (No. 78-741). It then affirmed the Administrative Law Judge's decision but accorded it only the precedential value of an unreviewed judge's decision, meaning the ruling binds the parties but is not treated as binding Commission precedent. The order cites Bethlehem Steel Corp. and Leone Construction Co. for that disposition. A union local (Local 134) participated as intervenor. Commissioner Cottine took no part in the case. The order does not restate the underlying citations or their outcome.

Decision snapshot

  • Cited standard(s): None identified in this order.
  • Outcome: The case was severed from its companion cases and the ALJ's decision was affirmed, accorded the precedential value of an unreviewed judge's decision.
  • Key point: When the Commission declines to decide a directed case on the merits, it can affirm the ALJ's decision while withholding binding Commission precedential value.

Full text (OSHRC public release)

Docket No. 78-414

MILLER CERAMICS, INC.
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OSHRC Docket No. 78-414

Occupational Safety and Health Review Commission

August 22, 1979

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

Guy F. Driver, for the employer

Norma Perani, President, Local 134 and Francis C. Clark, for Intervenor

OPINION:

ORDER

By the Commission: n1

                                  • -Footnotes- - - - - - - - - - - - - - - - - -

n1 Commissioner Cottine took no part in the consideration or decision of this case.

                                • -End Footnotes- - - - - - - - - - - - - - - - -

Miller Ceramics, (No. 78-414) is severed from its companion cases Hull Pottery (No. 78-555) and Baldwin Industries (No. 78-741).
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The Judge's Decision is affirmed and is accorded the precedential value of an unreviewed Judge's decision.
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See Bethlehem Steel Corp.,    OSAHRC   , 7 BNA OSHC 1053, 1979 CCH OSHD para. 23,287 (No. 13799, 1979) and Leone Construction Co., 76 OSAHRC 12/E6, 3 BNA OSHC 1979, 1975-76 CCH OSHD para 20,387 (No. 4090, 1976).
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