Ezel / Agency Decisions / 79-1146-commission
OSHRC Commission decision Docket 79-1146 Decided October 25, 1984 Procedural

Con-Agra, Inc.

Direction for review vacated at employee representative's request

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Currency note: this decision dates from 1984
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

The authorized employee representative sent a letter indicating that there might be no party interest in further adjudication of Con-Agra's case. The Commission treated the letter as a motion to vacate its direction for review and granted that motion. The order would become final after ten days unless another party notified the Commission in writing of a continued interest in the case. The order does not identify a cited OSHA standard or decide the merits of a citation.

Decision snapshot

  • Cited standard(s): None identified in the order.
  • Outcome: The Commission vacated the direction for review, subject to a ten-day period for another party to express continued interest.
  • Key point: A letter indicating no further party interest was treated as a motion to end Commission review.

Full text (OSHRC public release)

Docket No. 79-1146

SECRETARY OF LABOR,

Complainant,

v.

CON AGRA, INC.

Respondent.

OSHRC Docket No. 79-1146

ORDER

It appearing from the letter from the Authorized Employee Representative that
there may be no party interest in further adjudication of this case, the Commission
interprets that letter as a motion to vacate the Direction for Review.  So
interpreted, the Commission grants the motion and vacates the order directing this case
for review.  This Order will become final ten days from the date of this order
unless, within the ten day period, any party notifies the Commission in writing that it
has a continued interest in this case

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated:  OCT 25 1984

The Administrative Law Judge decision in this matter is unavailable in this
format.  To obtain a copy of this document, please request one from our Public
Information Office by e-mail ( [email protected]
), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).

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