Jenn-Air Corporation

Plain-English summary

Jenn-Air filed an amended petition seeking modification of an abatement requirement, and the judge approved it. Before the parties received that order, Jenn-Air asked the judge to delay action so the parties could meet. The Secretary agreed, the union did not object, and all parties later supported a remand. The Commission set aside the approval order and returned the matter to the judge to consider Jenn-Air's objections.

Decision snapshot

• Cited standard(s): None identified in the decision.
• Outcome: Abatement-modification order set aside; matter remanded to the judge.
• Key point: The Commission may remand by agreement so the judge can consider objections that were filed before the parties received the original order.

Full text (OSHRC public release)

Docket No. 80-6256-P

JENN-AIR CORPORATION

OSHRC Docket No. 80-6256-P

Occupational Safety and Health Review Commission

March 19, 1981

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Before: BARNAKO, Acting Chairman; CLEARY and COTTINE, Commissioners.
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COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Mr. Herman Grant, Solicitor, U.S. Dept. of Labor, Office of the Solicitor

Edith E. Holiday, for the employer

OPINION:

DECISION

BY THE COMMISSION:

An order of Administrative Law Judge F. Daley Abels, approving an amended petition for modification of abatement filed by Petitioner, Jenn-Air Corp., is before the Commission pursuant to a direction for review by Commissioner Cottine issued under section 12(j), 29 U.S.C. �
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661(i), of the Occupational Safety and Health Act of 1970, 29 U.S.C. � �
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651-678.

After the judge entered his order but before it was received by the parties, Petitioner filed a letter with the judge asking that no order be issued until the parties had an opportunity to meet.
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The Secretary of Labor agreed in the request by Petitioner.
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The Sheet Metal Workers' Local 503 did not object to the request.
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Subsequently, as a result of the judge's order, Petitioner filed a petition for discretionary review requesting that the case be remanded.
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The petition states that all parties are agreeable to the remand

Under the circumstances, we set aside the order of [*2]
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Administrative Law Judge F. Daley Abels, dated November 7, 1980.
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Cf. The Anaconda Company, Wire and Cable Division, 80 OSAHRC    , 9 BNA OSHC 1159, 1980 CCH OSHD P24,917 (No. 79-5449, 1980) (case remanded for purposes other than judicial error).
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Accordingly, this action is remanded to the judge for consideration of the objections filed by Petitioner.

SO ORDERED.
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