OSHRC Docket No. 35

Occupational Safety and Health Review Commission

May 15, 1972


Before MORAN, Chairman; VAN NAMEE and BURCH, Commissioners


  BY THE COMMISSION: Having reviewed the entire record in this case, the Commission concludes that the recommended disposition of the case should be, and is hereby, affirmed.

[The Judge's decision referred to herein follows]

LITTLEFIELD, JUDGE, OSAHRC: Pursuant to the Hearing Examiner's Order, a pre-hearing conference was held in Detroit, Michigan, on November 3, 1971.

During the conference, counsel for the Employer moved to withdraw its notice of contest in this matter and agree to pay a penalty of $850.00.   Counsel for the Government offered no opposition to the motion and agreed to settlement of the case on this basis.

The motion was GRANTED, the pre-hearing conference dismissed, and the scheduled public hearing vacated, closing the case without adjudication on the merits.