SECRETARY OF LABOR,
Complainant,

v.

SINGER CO., AMERICAN METER DIVISION
Respondent.

OSHRC DOCKET NO. 79-6382

ORDER

The Commission grants the Secretary's motion to withdraw his petition for review and further vacates the direction for review.[[1/]]

FOR THE COMMISSION

RAY H. DARLING, JR.
EXECUTIVE SECRETARY

Dated:  MAR 2 1984

RAYMOND J. DONOVAN, SECRETARY OF LABOR
Complainant,

v.

SINGER CO., AMERICAN METER DIVISION,
Respondent.

OSHRC Docket No. 79-6382

MOTION TO WITHDRAW PETITION FOR REVIEW
The complainant, Raymond J. Donovan, Secretary of Labor, United States Department of Labor moves that the Commission permit the complainant to withdraw his petition for review which was granted by former Commissioner Bertram R. Cottine.

As grounds for this motion, the Secretary sets forth the following facts:

1.  On September 2, 1980, Judge William E. Brennan affirmed serious violations of several standards, two of which the Secretary had alleged to be willful violations.  The Secretary petitioned for review concerning the characterization of these two violations.  On October 3, 1980, former Commissioner Cottine directed review on the issue whether the violations should have been characterized as willful.   On January 17, 1983, the Commission ordered the Secretary to file his brief on the issue.

2.  The Secretary has reviewed the transcript and record in the matter and has determined that there is insufficient evidence in the record to support a finding of a willful violation.  As a result of the new review and determination, the Secretary respectfully requests that the Commission permit the Secretary to withdraw the petition.

Respectfully submitted,

FRANCIS X. LILLY
Deputy Solicitor of Labor


FRANK A. WHITE
Associate Solicitor for
Occupational Safety & Health

DANIEL J. MICK
Counsel for Regional
Trial Litigation

EUGENE LOPEZ
Attorney

The Administrative Law Judge decision in this matter is unavailable in this format.  To obtain a copy of this document, please request one from our Public Information Office by e-mail ( lwhitsett@oshrc.gov ), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).

FOOTNOTES:

[[1/]] Commissioner Cleary dissents to this order.