OSHRC Docket No. 76-1918

Occupational Safety and Health Review Commission

June 3, 1977


Before: BARNAKO, Chairman; and CLEARY, Commissioner.  


Baruch A. Fellner, Office of the Solicitor, USDOL

Albert Ross, Regional Solicitor

Thomas W. Heald, for the employer



BY THE COMMISSION: This case is before the Commission pursuant to an order for review by former Commissioner Moran.   Respondent has filed a petition for discretionary review and brief in which it urges the Commission to affirm the Judge's decision.   It also requests that the Commission not consider the issues raised therein if the Judge's decision is affirmed.   Complainant has not taken exception to the Judge's decision in any way.   Thus, no party has taken issue with the Judge's disposition of the case.   In these circumstances, the Commission will not review the case.   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.   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]   is affirmed.