EAGLE CORNICE CO., INC.
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.