SECRETARY OF LABOR,
Complainant,

v.

RSR CORPORATION,
Respondent.

OSHRC Docket No. 79-6392

SECRETARY OF LABOR,
Complainant,

v.

RSR CORPORATION,
Respondent.

UNITED STEELWORKERS OF AMERICA,
AFL-CIO, and LOCAL UNION 3721,

Authorized Employee
Representative.

OSHRC Docket Nos. 79-3813 and 80-1602

SECRETARY OF LABOR,
Complainant,

v.

RSR QUEMETCO, a Division of RSR Corporation, a corporation,
Respondent.

UNITED STEELWORKERS OF AMERICA,
AFL-CIO, and LOCAL UNION 5554-J,

Authorized Employee
Representative.

OSHRC Docket No. 79-5062

ORDER

On January 31,1983 the Commission issued its decision in the consolidated cases above. 83 OSAHRC 6/A2, 11 BNA OSHC 1163, 1983-84 CCH OSHD 26,429. In that decision it severed docket numbers 79-6392 and 79-5062 and remanded them to the Chief Administrative Law Judge. Docket numbers 79-3813 and 80-1602 were severed and remanded to Administrative Law Judge Dee C. Blythe. Subsequently, the Chief Administrative Law Judge assigned docket numbers 79-6392 and 79-5062 to Administrative Law Judge David G. Oringer.

RSR Corporation filed a petition for review of the consolidated cases to the United States Court of Appeals for the Fifth Circuit. On June 3, 1983, the court stayed the Commission's remand orders pending judicial review of the issues raised in the petition. In its decision, the court affirmed the Commission's orders. RSR Corp. v. Brock, 764 F.2d 355 (5th Cir. 1985). Consistent with that decision, the Administrative Law Judges shall proceed with the disposition of these cases.

FOR THE COMMISSION

Ray H. Darling, Jr.
Executive Secretary

Dated: October 1, 1985