Angelica Textile Services, Inc.

Plain-English summary

Angelica Textile Services filed for Chapter 11 bankruptcy while the case was pending before the Commission. The Secretary did not file a proof of claim before the deadline for government claims, and the company did not appear through counsel on appeal. The Second Circuit therefore dismissed the Secretary's appeal as constitutionally moot, vacated the Commission's earlier decision, and directed dismissal of the case. The Commission dismissed the proceeding in accordance with that mandate. This order does not identify a specific OSHA standard or leave an operative citation ruling.

Decision snapshot

• Cited standard(s): No specific OSHA standard is identified in this dismissal order.
• Outcome: The case was dismissed as moot after the court vacated the Commission's earlier decision.
• Key point: Bankruptcy and failure to preserve a government claim can eliminate a live controversy and require vacatur and dismissal.

Full text (OSHRC public release)

Angelica Textile Services, Inc. OSHRC Docket No. 08-1774

United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20 th
Street, N.W., Ninth Floor

Washington, DC 20036-3457

SECRETARY OF LABOR ,

Complainant,

v.

ANGELICA TEXTILE SERVICES, INC.,

Respondent.

OSHRC Docket No. 08-1774

DISMISSAL
ORDER

This case is on remand from
t he United States Court of Appeals for the
Second
Circuit . Sec’y of Labor v.
Angelica Textile Services, Inc. ,
No. 18-2831
( 2d
Cir.
July 20 ,
20 20 ).
The
Second Circuit
dismissed
the Secretary’s appeal
as
moot under Article III of the United States Constitution
because
(1)
Respondent
“ filed for
Chapter 11
bankruptcy ”
while the case was pending before the Commission ;
(2)
the Secretary
failed to “ file a proof of claim before the bar date for government claims ”
in the bankruptcy proceeding;
and
(3)
Respondent
did
“not appear []
through counsel in this matter and is in default on appeal.”

Id. ,
slip op. at 2 ;
U.S. Const. art. III, § 2, cl. 1 . T he
Second Circuit
also
vacated the
Commission’s
decision
as moot
and remanded with instructions to dismiss the case.

Angelica ,
No. 18-2831 , slip op. at 2-3.

In accordance with the
mandate filed on July
20, 2020 , this case is dismissed.   

SO
ORDERED.

BY DIRECTION OF THE COMMISSION

Dated:    July 27, 2020             /s/                  

John X. Cerveny      

Executive Secretary

"