RSR Corporation (Commission decision, July 9, 1981)

Plain-English summary

A judge's order had become final without Commission review but was ambiguous about the disposition of four citation items. The Commission found sufficient reason under Federal Rule of Civil Procedure 60(b)(6) to grant relief from the final order and remanded for any necessary proceedings and a clear dispositive order.

Decision snapshot

• Cited standard(s): None identified in the Commission order.
• Outcome: Final order reopened and case remanded to clarify four citation items.
• Key point: Rule 60(b)(6) permitted correction of a final order whose operative disposition was ambiguous.

Full text (OSHRC public release)

Docket No. 80-2132

RSR CORPORATION

OSHRC Docket No. 80-2132

Occupational Safety and Health Review Commission

July 9, 1981

COUNSEL:

[*1]

Office of the Solicitor, USDOL

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

Deborah M. Ehrhart, for the employer

OPINION:

ORDER OF REMAND

The Judge's order in this case became final without Commission review on April 15, 1981.

However, the order is ambiguous with respect to the final disposition of Citation No. 1, items 1, 2, 3, and 4(a).

Accordingly, in response to the Secretary's letter of May 15, 1981, sufficient reason exists to justify relief from the final order under Rule 60(b)(6) of the Federal Rule of Civil Procedure and to permit a remand to the judge for further proceedings as necessary and for the entry of an appropriate dispositive order.