SECRETARY OF LABOR,
Complainant,

v.

CERES TERMINALS, INC.,
Respondent.


OSHRC DOCKET NO. 82-0713

CONDITIONAL ORDER APPROVING VACATION OF CITATION

The judge's order granting the Secretary's motion to vacate the citation and proposed penalties is conditionally affirmed subject to the following: (1) that the Commission receive proof of service of the Secretary's "Notice of Dismissal" by first class mail or personal delivery on any authorized employee representatives, consistent with Commission Rules 7 (c) and (f), 29 C.F.R. 2200.7(c) and (f); (2) that the Commission receive proof of service of the "Notice of Dismissal" on unrepresented affected employees by posting at or near the place where the citation is to be posted, see Commission Rule 7(g), 29 C.F.R. 2200.7(g); and (3) that no objections are filed by or on behalf of affected employees within 10 days following service, see Commission Rule 37, 29 C.F.R. 2200.37. These forms of service for all withdrawals are required, consistent with the principles stated in Mobil Oil Co., 82 OSAHRC 45/A2, 10 BNA OSHC 1905, 1982 CCH OSHD 26,187 (No. 77-4386, 1982), appeal filed, No. 82-4171 (2d Cir. Oct. 5, 1982); See also Republic Steel Corp., 10 BNA OSHC 2222, 1982 CCH OSHD 26,326 (No. 81-656, 1982), appeals filed, Nos.83-3058 and 83-3060 (6th Cir. Jan. 28 and 30, 1983); 29 U.S.C.  659(c). Previous Commission decisions holding to the contrary are therefore overruled. Pacific Intermountain Express Co., 74 OSAHRC 67/F10, 2 BNA OSHC 1228, 1974-75 CCH OSHD    18,718 (No. 4303, 1974); Newspaper Agency Corp., 74 OSAHRC 27/C2, 1 BNA OSHC 1711, 1973- 74 CCH OSHD 17,785 (No. 1902, 1974).

IT IS SO ORDERED.

Dated: APR 27 1983

Ray H. Darling, Jr.
Executive Secretary

 


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