Wilson Buick-Pontiac, GMC, Inc.

Plain-English summary

The Wilson Buick-Pontiac, GMC, Inc. case reached the Commission through an order directing review. Neither party objected to the administrative law judge's decision or otherwise expressed dissatisfaction with it. The Commission found that the review order identified no compelling public-interest issue, so it declined to pass upon or change the judge's decision. It affirmed the decision and gave it the significance of an unreviewed judge's decision. The Commission release does not identify the underlying citations, any specific safety standard, or a penalty amount.

Decision snapshot

• Cited standard(s): No specific OSHA standard is identified in the Commission decision.
• Outcome: Affirmed. The Commission declined substantive review and affirmed the administrative law judge's decision.
• Key point: The Commission may leave an unchallenged judge's decision undisturbed when an order for review presents no compelling public-interest issue.

Full text (OSHRC public release)

Docket No. 15586

WILSON BUICK-PONTIAC, GMC, INC.
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OSHRC Docket No. 15586

Occupational Safety and Health Review Commission

June 29, 1977

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Before BARNAKO, Chairman; and CLEARY, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Ronald M. Gaswirth, Regional Solicitor, USDOL

Mr. Rob Wilson, President, WILSON BUICK-PONTIAC, GMC, INC., for the employer

OPINION:

DECISION

This case is before the Commission pursuant to a sua sponte order for review.
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The parties have filed no objections to the Administrative Law Judge's decision, either by way of petitions for discretionary review or response to the order for review.
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Accordingly, there has been no appeal to the Commission, and no party has otherwise expressed dissatisfaction with the Administrative Law Judge's decision.

In these circumstances, the Commission declines to pass upon, modify or change the Judge's decision in the absence of compelling public interest.
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Abbott-Sommer, Inc., 3 BNA OSHC 2032, 1975-76 CCH OSHD para. 20,428 (No. 9507, 1976); Crane Co., 4 BNA OSHC 1015, 1975-76 CCH OSHD para. 20,508 (No. 3336, 1976); see also Keystone Roofing Co., Inc., v. O.S.H.R.C., 539 F.2d 960, 964 (3d Cir. 1976). The order for review in this case describes no compelling public interest issue.

The Judge's decision is accorded the significance [*2]
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of an unreviewed Judge's decision.
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Leone Constr. Co., 3 BNA OSHC 1979, 1975-76 CCH OSHD para. 20,387 (No. 4090, 1976).

It is ORDERED that the decision be affirmed.
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