OSHRC Docket No. 13225

Occupational Safety and Health Review Commission

June 16, 1977


Before BARNAKO, Chairman and CLEARY, Commissioner.


Baruch A. Fellner, Office of the Solicitor, USDOL

Marshall H. Harris Reg. Sol., USDOL

Francis J. Connell, III, for the employer

A. E. Lawson & Franklin Mont, United Steelworkers of America, for the employees




This matter is before us by Commissioner Cleary's September 20, 1976 order granting a petition for discretionary review filed by complainant, the Secretary of Labor.   The petition included several exceptions to a decision issued on August 19, 1976, by Administrative Law Judge Ben D. Worcester.   The authorized employee representative, Local 12698, United Steelworkers of America, AFL-CIO, which had breviously asserted party status in the case, advised the Commission on the date of the direction for review that it joined in the Secretary's request for review.   On February 25, 1977, a notice of withdrawal of its petition was filed with the Commission by the Secretary and served upon respondent, Congoleum Industries, Inc., and the authorized employee representative.   Respondent has submitted a letter in which it presumes that the Judge's decision will be affirmed on the basis of the lack of party [*2]   objection.   The authorized employee representative has filed neither a submission on review nor a response to the Secretary's notice of withdrawal.   In these circumstances, the Judge's decision is affirmed.   Koppers Co., Inc. 5 BNA OSHC 1306, 1977-78 CCH OSHD para. 21,723 (No. 3449, 1977); Geuder, Paeschke & Frey Company, No. 6661 (May 6, 1977); Abbott-Sommer, Inc., 3 BNA OSHC 2032, 1975-76 CCH OSHD para. 20,248 (No. 9507, 1976).