General Divers Company (Commission decision, November 26, 1980)

Rule 60(b) relief request remanded

Decision type

Commission decision

Docket

80-1653

Decided

November 26, 1980

Outcome

Remanded

Precedential status

Citable Commission precedent

Checked against source

2026-07-26

Official source

Read the official release (oshrc.gov)

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This is citable Commission precedent from 1980, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Decision of the Commission; remand order

The Commission sent this matter back because the judge still had to decide the employer’s motion for relief from the existing final order. This order did not finally resolve the matter. 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

The Commission construed the employer's letter as a motion for relief from a final order under Federal Rule of Civil Procedure 60(b). Because the record lacked enough information to determine whether relief was warranted, it remanded so the employer could present its basis for relief and the judge could rule. The short order does not identify the underlying citation or standards.

Decision snapshot

Cited standard(s): Not identified in the Commission order.
Outcome: Request for relief remanded for factual development and a ruling.
Key point: The Commission treated the employer's letter as a Rule 60(b) motion and remanded for the judge to decide whether relief from the final order was warranted.

Full text (OSHRC public release)

Docket No. 80-1653

1 of 202 DOCUMENTS

TURNER COMPANY

A. SCHONBEK & CO., INC.

NORANDA ALUMINUM, INC.

GENERAL MOTORS CORP., GM ASSEMBLY DIV.

ALLIED PLANT MAINTENANCE CO. OF OKLAHOMA, INC.

CLEMENT FOOD COMPANY

MILLCON CORPORATION

FWA DRILLING COMPANY, INC.

CCI, INC.

GENERAL ELECTRIC COMPANY

CONSOLIDATED ALUMINUM CORPORATION

THE BRONZE CRAFT CORPORATION

CARGILL, INC.

CHAPMAN CONSTRUCTION CO., INC.

GALLO MECHANICAL CONTRACTORS, INC.

SPECIAL METALS CORPORATION

WILLAMETTE IRON AND STEEL COMPANY

NASHUA CORPORATION

WESTINGHOUSE ELECTRIC CORPORATION

RESEARCH-COTTRELL, INC.

ROCKWELL INTERNATIONAL CORPORATION

NEWPORT NEWS SHIPBUILDING & DRYDOCK CO.

BUNKOFF CONSTRUCTION CO., INC.

GENERAL MOTORS CORPORATION, FRIGIDAIRE DIVISION

HARRIS BROTHERS ROOFING CO.

GENERAL DIVERS COMPANY

OSHRC Docket No. 80-1653

Occupational Safety and Health Review Commission

November 26, 1980

COUNSEL:

[*1]

Baruch A. Fellner, Office of the Solicitor, USDOL

Daniel W. Teehan, Regional Solicitor, USDOL

Ronald L. Kallinen and Joe M. Buchl, General Diver Co., for the employer

OPINION:

ORDER

The Commission treats Respondent's letter as a motion for relief from a final order pursuant to Federal Rule of Civil Procedure 60(b).

Because the record does not contain sufficient information on which to determine whether Respondent is entitled to relief, the Commission remands to the Judge to permit Respondent the opportunity to establish it is entitled to relief under Rule 60(b) and for a ruling by the Judge.

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