Owens-Illinois, Inc. (Commission decision, September 21, 1983)

Plain-English summary

This is a short order closing out a contested citation that the Secretary of Labor decided not to pursue. The Secretary moved to vacate the citation issued to Owens-Illinois. Administrative Law Judge Edwin G. Salyers granted that motion on May 31, 1983, and the citation was vacated. The case then came before the Commission, which held the order open pending proof that the required notice had gone to the affected employees and their representatives. Once Owens-Illinois filed its certification of service, the Commission affirmed the judge's order granting the motion to vacate. Chairman Rowland joined the order consistent with the position he took in dissent in Ceres Terminals, Inc. and National Railroad Passenger Corp., both decided earlier that year. The practical effect is that the citation is gone and the employer owes nothing. The order was signed for the Commission by Executive Secretary Ray H. Darling, Jr. on September 21, 1983.

Decision snapshot

• Cited standard(s): The order does not identify the cited standard.
• Outcome: The judge's order granting the Secretary's motion to vacate the citation was affirmed, leaving the citation vacated.
• Key point: When the Secretary withdraws a citation, the Commission still waits on certification that affected employees were served before the vacatur order becomes final.

Full text (OSHRC public release)


Document

UNITED STATES
OF
AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,

Complainant,

v.

OSHRC DOCKET NO. 83–98

OWENS-ILLINOIS, INC.,

Respondent.

September 21, 1983

ORDER

In light of Respondent’s certification of service, the Commission affirms the Administrative Law Judge’s order granting the Secretary’s motion to vacate the citation. Chairman Rowland concurs in this order consistent with his dissenting opinion in
Ceres Terminals, Inc., 83 OSAHRC 30/D8, 11 BNA OSHC 1373, 1983 CCH OSHD ¶26,510 (No. 82–713, 1983) and
National Railroad Passenger Corp., 83 OSAHRC 30/E1, 11 BNA OSHC 1375, 1983 CCH OSHD ¶26,511 (No. 82–785, 1983).

FOR THE COMMISSION:

Ray H. Darling, Jr.

Executive Secretary

DATED: SEP 21, 1983

UNITED STATES
OF
AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,

Complainant,

v.

OSHRC DOCKET NO. 83–98

OWENS-ILLINOIS, INC.,

Respondent.

May 31, 1983

ORDER GRANTING MOTION TO VACATE

Complaint has moved to vacate the citation issued in this matter. After due consideration, complainant’s motion to vacate is granted.

EDWIN G. SALYERS

Judge

Dated: May 31, 1983

"