Georgia Pacific Corporation, Packaging Division

Plain-English summary

The Secretary sought to withdraw the case against Georgia Pacific Corporation's Packaging Division. The Commission conditionally affirmed the judge's order granting the withdrawal. Approval depended on proof that the dismissal notice was served on employee representatives and posted for unrepresented affected employees, with no employee objections filed within 10 days after service. The Commission stated that these employee-service requirements apply to all withdrawals and overruled earlier decisions to the contrary.

Decision snapshot

• Cited standard(s): None. The order addresses Commission service and withdrawal procedures.
• Outcome: Withdrawal conditionally approved, subject to employee notice and an opportunity to object.
• Key point: A withdrawal requires service on represented employees, posting for unrepresented affected employees, and time for employee objections.

Full text (OSHRC public release)

Docket No. 82-0993

SECRETARY OF LABOR,

Complainant,

v.

GEORGIA PACIFIC CORPORATION,

PACKAGING DIVISION,

Respondent.

OSHRC DOCKET NO. 82-0993

CONDITIONAL ORDER APPROVING WITHDRAWAL

The judge's order granting the Secretary's withdrawal is conditionally affirmed subject to
the following: (1) that the Commission receive proof of service of the Secretary's
"Notice of Dismissal" by first class mail or personal delivery on any authorized
employee representatives, consistent with Commission Rules 7 (c) and (f), 29 C.F.R. ��
2200.7(c) and (f); (2) that the Commission receive proof of service of the "Notice of
Dismissal" on unrepresented affected employees by posting at or near the place where
the citation is to be posted, see Commission Rule 7(g), 29 C.F.R. � 2200.7(g); and (3)
that no objections are filed by or on behalf of affected employees within 10 days
following service, see Commission Rule 37, 29 C.F.R. � 2200.37. These forms of service
for all withdrawals are required, consistent with the principles stated in Mobil Oil Co.,
82 OSAHRC 45/A2, 10 BNA OSHC 1905, 1982 CCH OSHD � 26,187 (No. 77-4386, 1982), appeal
filed, No. 82-4171 (2d Cir. Oct. 5, 1982); See also Republic Steel Corp.., 10 BNA OSHC
2222, 1982 CCH OSHD � 26,326 (No. 81-656, 1982), appeals filed, Nos 83-3058 and 83-3060
(6th Cir. Jan. 28 and 30, 1983); 29 U.S.C. � 659(c). Previous Commission decisions
holding to the contrary are therefore overruled. Eg., Pacific Intermountain Express Co.,
74 OSAHRC 67/F10, 2 BNA OSHC 1228, 1974-75 CCH OSHD � 18,718 (No. 4303, 1974); Newspaper
Agency Corp., 74 OSAHRC 27/C2, 1 BNA OSHC 1711, 1973-74 CCH OSHD � 17,785 (No. 1902,
1974).

IT IS SO ORDERED.

Dated: APR 27 1983

Ray H. Darling, Jr.

Executive Secretary

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