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Ezel / Agency Decisions / 76-1918-commission
OSHRC Commission decision Docket 76-1918 Decided June 3, 1977 Citations affirmed

Eagle Cornice Co., Inc.

Commission declines review and lets the judge's decision stand

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This is citable Commission precedent from 1977, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1977
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Decision of the Commission
This is a decision of the Occupational Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance; check subsequent history before relying on it. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

This is a short Commission order in a case involving Eagle Cornice Co., Inc. After an Administrative Law Judge ruled on the case, former Commissioner Moran directed it for review. The employer filed a petition and brief urging the Commission to affirm the judge's decision, and asked the Commission not to reach the issues it raised if the decision was affirmed. The Secretary of Labor took no exception to the judge's decision. Because no party took issue with how the judge disposed of the case, the Commission declined to review it and affirmed the judge's decision. The underlying ALJ decision is not included in this release, so the specific standard cited, the violation, and the penalty are not stated here.

Decision snapshot

  • Cited standard(s): Not stated in this release.
  • Outcome: The Administrative Law Judge's decision was affirmed without merits review.
  • Key point: When no party takes issue with the judge's disposition, the Commission declines to review, and the judge's decision carries the weight of an unreviewed judge's decision.

Full text (OSHRC public release)

Docket No. 76-1918

EAGLE CORNICE CO., INC.
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OSHRC Docket No. 76-1918

Occupational Safety and Health Review Commission

June 3, 1977

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[*1]
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Before: BARNAKO, Chairman; and CLEARY, Commissioner.
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COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Albert Ross, Regional Solicitor

Thomas W. Heald, for the employer

OPINION:

ORDER

BY THE COMMISSION: This case is before the Commission pursuant to an order for review by former Commissioner Moran.
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Respondent has filed a petition for discretionary review and brief in which it urges the Commission to affirm the Judge's decision.
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It also requests that the Commission not consider the issues raised therein if the Judge's decision is affirmed.
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Complainant has not taken exception to the Judge's decision in any way.
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Thus, no party has taken issue with the Judge's disposition of the case.
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In these circumstances, the Commission will not review the case.
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See Water Works Installation Corp., 76 OSAHRC 61/B8, 4 BNA OSHC 1339, 1976-77 CCH OSHD para. 20,780 (No. 4136, 1976); Crane Co., 76 OSAHRC 37/A2, 4 BNA OSHC 1015, 1975-76 CCH OSHD, 20,508 (No. 3336, 1976).

The Judge's decision is accorded the significance of an unreviewed Judge's decision.
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Leone Constr. Co., 76 OSAHRC 12/E6, 3 BNA OSHC 1979, 1975-76 CCH OSHD para. 20,387 (No. 4090, 1976).

Accordingly, the Judge's decision [*2]
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is affirmed.

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