National Railroad Passenger Corporation

Plain-English summary

The Secretary sought to vacate the citation and proposed penalties against the National Railroad Passenger Corporation. The Commission conditionally affirmed the judge's order granting that request. Approval depended on proof that the dismissal notice was served on employee representatives and posted for unrepresented affected employees, with no employee objections filed within 10 days after service. The Commission stated that these employee-service requirements apply to all withdrawals and overruled earlier decisions to the contrary.

Decision snapshot

• Cited standard(s): None. The order addresses Commission service and withdrawal procedures.
• Outcome: Citation and proposed penalties conditionally vacated, subject to employee notice and an opportunity to object.
• Key point: A citation withdrawal requires service on represented employees, posting for unrepresented affected employees, and time for employee objections.

Full text (OSHRC public release)

Docket No. 82-0785

SECRETARY OF LABOR,

Complainant,

v.

NATIONAL RAILROAD PASSENGER CORP.,

Respondent.

OSHRC DOCKET NO. 82-0785

CONDITIONAL ORDER APPROVING VACATION OF CITATION

The judge's order granting the Secretary's motion to vacate the citation and proposed
penalties is conditionally affirmed subject to the following: (1) that the Commission
receive proof of service of the Secretary's "Notice of Dismissal" by first class
mail or personal delivery on any authorized employee representatives, consistent with
Commission Rules 7 (c) and (f), 29 C.F.R. �� 2200.7(c) and (f); (2) that the Commission
receive proof of service of the "Notice of Dismissal" on unrepresented affected
employees by posting at or near the place where the citation is to be posted, see
Commission Rule 7(g), 29 C.F.R. � 2200.7(g); and (3) that no objections are filed by or
on behalf of affected employees within 10 days following service, see Commission Rule 37,
29 C.F.R. � 2200.37. These forms of service for all withdrawals are required, consistent
with the principles stated in Mobil Oil Co., 82 OSAHRC 45/A2, 10 BNA OSHC 1905, 1982 CCH
OSHD � 26,187 (No. 77-4386, 1982), appeal filed, No. 82-4171 (2d Cir. Oct. 5, 1982); See
also Republic Steel Corp., 10 BNA OSHC 2222, 1982 CCH OSHD � 26,326 (No. 81-656, 1982),
appeals filed, Nos.83-3058 and 83-3060 (6th Cir. Jan. 28 and 30, 1983); 29 U.S.C.  �
659(c). Previous Commission decisions holding to the contrary are therefore overruled.
Pacific Intermountain Express Co., 74 OSAHRC 67/F10, 2 BNA OSHC 1228, 1974-75 CCH OSHD
  �18,718 (No. 4303, 1974); Newspaper Agency Corp., 74 OSAHRC 27/C2, 1 BNA OSHC
1711, 1973- 74 CCH OSHD � 17,785 (No. 1902, 1974).

IT IS SO ORDERED.

Dated: APR 27 1983

Ray H. Darling, Jr.

Executive Secretary

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