OSHRC Docket No. 1342

Occupational Safety and Health Review Commission

June 4, 1975



  BY THE COMMISSION: In Secretary v. Buckley and Company, Inc., 6 OSAHRC 575 (1974), the Commission held that the respondent had not duly filed a notice of contest to several citations and dismissed the respondent's notice of contest.   Subsequently, that decision was reversed in Buckley & Company, Inc. v. Secretary of Labor, 507 F.2d 78 (3rd Cir. 1975), which sets aside the Commission's order dismissing the respondent's notice of contest.

As of this date, no complaint has been filed in this case.   Consistent with Rule 33(a) of the Commission's procedural rules, the complainant is hereby afforded the opportunity to file a complaint with the Commission no later than 20 days after receipt of this order.   If a complaint is not filed within that time, all citations and penalty proposals involved in this case will be vacated without further proceedings.

[Ed. Note: Complaint was not filed within 20-day period.   Citations and penalty proposals are vacated.]