BORING AND TUNNELING CO. OF AMERICA, INC.
OSHRC Docket No. 14305
Occupational Safety and Health Review Commission
June 15, 1977
Before BARNAKO, Chairman; and CLEARY, Commissioner.
Baruch A. Fellner, Counsel for Regional Litigation, Office of the Solicitor, USDOL
Ronald M. Gaswirth, Regional Solicitor, U.S. Department of Labor
Joe F. Canterbury, Jr., for the employer
BY THE COMMISSION: This case is before the Commission pursuant to a sua sponte order for review by former Commissioner Moran. The parties have not 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 is affirmed.