RSR Quemetco, a Division of RSR Corporation, A Corporation (Commission decision, October 1, 1985)

Plain-English summary

The Commission had previously severed these four consolidated RSR matters and remanded them to administrative law judges. The Fifth Circuit stayed those remand orders while it reviewed RSR’s petition. After the court affirmed the Commission’s orders, the Commission directed the assigned judges to proceed with disposition of the cases. The release does not identify the cited standards, underlying merits, or penalties.

Decision snapshot

• Cited standard(s): None identified in the release.
• Outcome: Prior remands allowed to proceed after appellate affirmance.
• Key point: The administrative law judges could resume the cases once the Fifth Circuit affirmed the Commission’s remand orders.

Full text (OSHRC public release)

Docket No. 79-6392 79-3813 80-1602 79-5062

SECRETARY OF LABOR,

Complainant,

v.

RSR CORPORATION,

Respondent.

OSHRC Docket No. 79-6392

SECRETARY OF LABOR,

Complainant,

v.

RSR CORPORATION,

Respondent.

UNITED STEELWORKERS OF AMERICA,

AFL-CIO, and LOCAL UNION 3721,

Authorized Employee

Representative.

OSHRC Docket Nos. 79-3813 and 80-1602

SECRETARY OF LABOR,

Complainant,

v.

RSR QUEMETCO, a Division of RSR Corporation, a corporation,

Respondent.

UNITED STEELWORKERS OF AMERICA,

AFL-CIO, and LOCAL UNION 5554-J,

Authorized Employee

Representative.

OSHRC Docket No. 79-5062

ORDER

On January 31,1983 the Commission issued its decision in the consolidated cases above. 83 OSAHRC 6/A2, 11 BNA OSHC 1163, 1983-84 CCH OSHD 26,429. In that decision it severed docket numbers 79-6392 and 79-5062 and remanded them to the Chief Administrative Law Judge. Docket numbers 79-3813 and 80-1602 were severed and remanded to Administrative Law Judge Dee C. Blythe. Subsequently, the Chief Administrative Law Judge assigned docket numbers 79-6392 and 79-5062 to Administrative Law Judge David G. Oringer.

RSR Corporation filed a petition for review of the consolidated cases to the United States Court of Appeals for the Fifth Circuit. On June 3, 1983, the court stayed the Commission's remand orders pending judicial review of the issues raised in the petition. In its decision, the court affirmed the Commission's orders. RSR Corp. v. Brock, 764 F.2d 355 (5th Cir. 1985). Consistent with that decision, the Administrative Law Judges shall proceed with the disposition of these cases.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated: October 1, 1985