Trio Industries, Inc.

Plain-English summary

The parties in this case reached a settlement, and the administrative law judge approved it on May 25, 1978, but his order mistakenly assessed a $350 penalty when the parties had agreed on $200. The judge tried to fix the error with a corrective order on June 5, after the original order had already been filed with the Commission. The Commission held that the June 5 corrective order was void because a judge loses jurisdiction over a case once his order is filed. To make the outcome match the settlement, the Commission itself amended the May 25 order to assess the agreed $200 penalty. The result is that the settlement stands with the correct penalty.

Decision snapshot

• Cited standard(s): None identified in the order.
• Outcome: The judge's void corrective order was disregarded, and the Commission amended the settlement-approval order to assess $200 instead of $350.
• Key point: An administrative law judge loses jurisdiction once an order is filed with the Commission, so a clerical error in a settlement penalty must be corrected by the Commission rather than by a later judge's order.

Full text (OSHRC public release)

Docket No. 78-1044

1 of 138 DOCUMENTS

BRISTOL-MYERS COMPANY

BOONVILLE DIVISION OF ETHAN ALLEN, INC.
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OWENS-ILLINOIS, INC.
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CONTINENTAL GRAIN COMPANY

WALLING CRATE COMPANY

MATERIAL FABRICATION CORPORATION

BURKART-RANDALL COMPANY

KAISER ALUMINUM & CHEMICAL CORP.
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BETHLEHEM STEEL CORPORATION, (BUFFALO TANK DIVISION)

WESTERN WATERPROOFING CO., INC.
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SOUTHWESTERN BELL TELEPHONE CO.
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CHAMPION CONSTRUCTION & ENGINEERING CO., INC.
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DEERING MILLIKEN, INC.
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WESTERN ELECTRIC CO., INC.
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JOHN & ROY CARLSTROM, d/b/a CARLSTROM BROTHERS CONSTRUCTION

NOBLE DRILLING CORPORATION

IMC CHEMICAL GROUP, INC.
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CF&I STEEL CORPORATION

DELCO REMY, DIVISION OF GENERAL MOTORS CORPORATION, A CORPORATION

CONTINENTAL CAN COMPANY, U.S.A., a member of THE CONTINENTAL GROUP, INC.
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McLEAN-BEHM STEEL ERECTORS, INC.
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BROCKWAY CLASS COMPANY, INC.
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OTIS ELEVATOR COMPANY

KROEHLER MANUFACTURING CO.
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GENERAL MOTORS CORPORATION

GROSSMAN STEEL & ALUMINUM CORP.
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YELVINGTON WELDING SERVICE

MRS PRINTING, INC.
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BAILEY CONSTRUCTION COMPANY

WILLIAMS ENTERPRISES, INC.
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ASPRO, INC., SPUN STEEL DIVISION

WRAY ELECTRIC CONTRACTING, INC.
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ASPLUNDH TREE EXPERT COMPANY

J. H. MACKAY ELECTRIC COMPANY and U.S. ENGINEERING COMPANY

BOSTON GEAR, A Division of, Murray Company of Texas, Inc.
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GRANITE-GROVES, A JOINT VENTURE

HAMILTON FOUNDRY DIVISION, HAMILTON ALLIED CORPORATION

FORD, BACON & DAVIS CONSTRUCTION CO., INC.
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WALTER C. MEHLENBACHER

IRWIN STEEL ERECTORS, INC.
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EATON CORPORATION

ITT THOMPSON INDUSTRIES, INC.
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ATLANTIC SUGAR ASSOCIATION

HUGHES BROTHERS, INC.
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LOUISIANA-PACIFIC CORPORATION

CONTINENTAL OIL CO.
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SEABOARD COAST LINE RAILROAD COMPANY

CONNECTICUT NATURAL GAS CORP.
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TRIO INDUSTRIES, INC.
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OSHRC Docket No. 78-1044

Occupational Safety and Health Review Commission

June 26, 1978

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

Baruch A. Fellner, Office of the Solicitor, USDOL

Francis V. LaRuffa, Regional Solicitor, U.S. Department of Labor

Mr. Robert J. Fitzer, Trio Industries, Inc., for the employer

OPINION:

ORDER

BY THE COMMISSION:

Administrative Law Judge Seymour Fier approved a settlement of the above captioned case on May 25, 1978.
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A penalty of $350 was assessed inadvertantly while the parties agreed upon a $200 assessment.
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Judge Fier issued a corrective order on June 5, several days after filing the order approving the settlement.
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The corrective order is void.
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A judge does not retain jurisdiction of a case once his order has been filed with the Commission.
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Singleton Sheet Metal Works, 73 OSAHRC 6/F6, 1 BNA OSHC 1062, 1971-73 CCH OSHD para. 15,278 (No. 878, 1972).

The judge's May 25 order is amended to assess a penalty of $200 rather than $350 in order to conform the Commission's action to the parties' settlement.
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