StarTran, Inc.

Plain-English summary

The Fifth Circuit reviewed the Commission's earlier decision affirming a StarTran citation under OSHA's recordkeeping-access rule. The court affirmed the Commission in part and remanded the case in part in an unpublished opinion. After receiving the court's mandate, the Commission remanded the matter for further proceedings consistent with that opinion. This short order does not describe which portion of the prior ruling required additional proceedings.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1904.40
• Outcome: The Commission remanded the case for proceedings required by the Fifth Circuit's partial remand.
• Key point: The Commission implemented the court's mandate without revisiting issues the court had already affirmed.

Full text (OSHRC public release)

Startran, Inc., Docket No. 02-1140

SECRETARY OF LABOR,

Complainant,

v.

STARTRAN, INC.,

Respondent.

OSHRC Docket No. 02-1140

AMALGAMATED TRANSIT UNION,
LOCAL 1091,

Authorized Employee

Representative.

APPEARANCES:

Howard M. Radzely, Solicitor; Joseph M. Woodward, Associate Solicitor; Alexander Fernández,
Deputy Associate Solicitor; Daniel J. Mick, Counsel for Regional Trial Litigation; Mark J.
Lerner, Attorney; U.S. Department of Labor, Washington, DC

For the Complainant

John J. Franco Jr., Esq.; Jeffrey C. Londa, Esq.; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.,
San Antonio, TX

For the Respondent

Dr. William J. Kweder, Union Secretary; Joneth Wyatt, President; Amalgamated Transit Union,
Local 1091, Austin, TX

For Authorized Employee Representative

REMAND ORDER

Before: THOMPSON, Chairman; ROGERS, Commissioner.

BY THE COMMISSION:

This case is before the Commission on remand from the United States Court of Appeals
for the Fifth Circuit. StarTran, Inc. v. Chao , 22 BNA OSHC 1283 (5th Cir. 2008) (unpublished
opinion). On appeal, the court reviewed the decision by the Commission to affirm a citation
alleging a violation of 29 C.F.R. §1904.40. StarTran, Inc. , 21 BNA OSHC 1730 (No. 02-1140,
2006). In an unpublished opinion dated August 11, 2008, the court affirmed the Commission’s
decision in part and remanded in part.

By mandate dated October 3, 2008, the court has remanded the case to the Commission.
We, in turn, remand this case for further proceedings consistent with the court’s opinion.

SO ORDERED.

/s/_________

Horace A. Thompson III

Chairman

/s/_________

Thomasina V. Rogers

Dated:   October 10, 2008                                            Commissioner