C.F. & I. Steel Corporation (Commission decision, March 2, 1984)

Plain-English summary

A judge had affirmed a coke-oven emissions citation against C.F. & I. Steel, and the Commission granted the employer's petition for review. The Secretary later learned that the company had permanently stopped operating the coke-oven facility and determined that further adjudication was unwarranted. The Commission granted the withdrawal, vacated the judge's order, and dismissed the citation and complaint.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1910.1029(f)(4)(i) (coke-oven emissions).
• Outcome: Judge's order vacated; citation and complaint dismissed.
• Key point: The Commission granted withdrawal after the cited facility permanently ceased operations and the Secretary declined further adjudication.

Full text (OSHRC public release)

Docket No. 81-0454

SECRETARY OF LABOR,

Complainant,

v.

C.F. & I STEEL CORPORATION,

Respondent.

OSHRC Docket No. 81-0454

ORDER

The Commission treats the Secretary's notice of withdrawal of citation as a motion to withdraw the citation.  The Commission grants the Secretary's motion, vacates the order of the Administrative Law Judge, and dismisses the citation and complaint.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated:  MAR 2 1984

RAYMOND J. DONOVAN, SECRETARY OF LABOR,

Complainant,

v.

C.F. & I. STEEL CORPORATION,

Respondent,

and

UNITED STEEL WORKERS OF AMERICA,

AFL-CIO, Local 2102,

Authorized Employee

Representative.

OSHRC DOCKET

No. 81-0454

SECRETARY'S NOTICE OF WITHDRAWAL OF CITATION

In a decision dated May 24, 1982, Administrative Law Judge James A. Cronin, Jr. affirmed a citation issued to respondent for a violation of 29 CFR 1910.1029(f)(4)(i), which citation had been issued by the Secretary on January 21, 1981.  Respondent's subsequent petition for discretionary review of the judge's decision regarding this citation was granted by the Commission.

Complainant has been informed by counsel for respondent and the authorized employee representative that respondent has permanently ceased operation of it's coke oven facility at the worksite in question.  In addition, 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 the citation for violation of 29 CFR 1910.1029(f)(4)(1) and requests that the judge's decision on the citation be set aside.

Respectfully submitted,

FRANCIS X. LILLY

Solicitor of Labor

FRANK A. WHITE

Associate Solicitor for Occupational

Safety and Health

DANIEL J. NICK

Counsel for Regional Trial Litigation

KENNETH A. HELLMAN

Assistant Counsel for Regional

Trial Litigation

The Administrative Law Judge decision in this matter is unavailable in this format.  To obtain a copy of this document, please request one from our Public Information Office be e-mail ( [email protected] ), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).