Tonawanda Coke Corporation (Commission decision, March 9, 1984)

Plain-English summary

A judge had affirmed item 4 of a serious citation against Tonawanda Coke, and the Commission granted review of the employer's challenge. After reconsidering the record, the Secretary concluded that further adjudication was unwarranted and withdrew the item. The Commission treated the notice as a motion and granted it.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1910.1029(4)(i), as identified in the official release.
• Outcome: Citation item 4 withdrawn.
• Key point: The Commission granted the Secretary's withdrawal after the item had been affirmed by the judge and directed for review.

Full text (OSHRC public release)

Docket No. 80-4850

SECRETARY OF LABOR,

Complainant,

v.

TONAWANDA COKE CORPORATION,

Respondent.

OSHRC Docket No. 80-4850

ORDER

The Commission treats the Secretary's notice of withdrawal of item 4 of the citation as a motion to withdraw that item of the citation, and grants the Secretary's motion.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated:  MAR 9 1984

RAYMOND J. DONOVAN, SECRETARY OF LABOR,

Complainant,

v.

TONAWANDA COKE CORPORATION,

Respondent.

LOCAL 12572, UNITED STEELWORKERS OF

AMERICA,

Authorized Employee Representative.

OSHRC Docket No. 80-4850

SECRETARY'S NOTICE OF WITHDRAWAL OF CITATION

In a decision dated March 15, 1983, Administrative Law Judge David J. Knight affirmed a serious citation issued to respondent for a violation 29 CFR 1910.1029(4)(i), which citation had been issued by the Secretary on July 25, 1980. Respondent's subsequent petition for discretionary review of the judge's decision regarding this citation item was granted by the Commission on April 28, 1983.

After further review of the record in this case the Secretary has determined that further adjudication of this matter is not warranted. Copies of this notice have been served on respondent and the authorized employee representative.

WHEREFORE, the Secretary hereby withdraws item 4 of the citation issued to respondent on July 25, 1980 alleging a serious violation of 29 CFR 1910.1029(4)(i) and requests that the judge's decision on this item be set aside.

Respectfully submitted,

FRANCIS X. LILLY

Deputy Solicitor of Labor

FRANK A. WHITE

Associate Solicitor for

Occupational Safety & Health

DANIEL J. MICK

Counsel for Regional

Trial Litigation

LINTON W. HENGERER

Attorney

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