BRISTOL-MYERS COMPANY
BOONVILLE DIVISION OF ETHAN ALLEN, INC.
OWENS-ILLINOIS, INC.
CONTINENTAL GRAIN COMPANY
WALLING CRATE COMPANY
MATERIAL FABRICATION CORPORATION
BURKART-RANDALL COMPANY
KAISER ALUMINUM & CHEMICAL CORP.
BETHLEHEM STEEL CORPORATION, (BUFFALO TANK DIVISION)
WESTERN WATERPROOFING CO., INC.
SOUTHWESTERN BELL TELEPHONE CO.
CHAMPION CONSTRUCTION & ENGINEERING CO., INC.
DEERING MILLIKEN, INC.
WESTERN ELECTRIC CO., INC.
JOHN & ROY CARLSTROM, d/b/a CARLSTROM BROTHERS CONSTRUCTION
NOBLE DRILLING CORPORATION
IMC CHEMICAL GROUP, INC.
CF&I STEEL CORPORATION
DELCO REMY, DIVISION OF GENERAL MOTORS CORPORATION, A CORPORATION
CONTINENTAL CAN COMPANY, U.S.A., a member of THE CONTINENTAL GROUP, INC.
McLEAN-BEHM STEEL ERECTORS, INC.
BROCKWAY CLASS COMPANY, INC.
OTIS ELEVATOR COMPANY
KROEHLER MANUFACTURING CO.
GENERAL MOTORS CORPORATION
GROSSMAN STEEL & ALUMINUM CORP.
YELVINGTON WELDING SERVICE
MRS PRINTING, INC.
BAILEY CONSTRUCTION COMPANY
WILLIAMS ENTERPRISES, INC.
ASPRO, INC., SPUN STEEL DIVISION
WRAY ELECTRIC CONTRACTING, INC.
ASPLUNDH TREE EXPERT COMPANY
J. H. MACKAY ELECTRIC COMPANY and U.S. ENGINEERING COMPANY
BOSTON GEAR, A Division of, Murray Company of Texas, Inc.
GRANITE-GROVES, A JOINT VENTURE
HAMILTON FOUNDRY DIVISION, HAMILTON ALLIED CORPORATION
FORD, BACON & DAVIS CONSTRUCTION CO., INC.
WALTER C. MEHLENBACHER
IRWIN STEEL ERECTORS, INC.
EATON CORPORATION
ITT THOMPSON INDUSTRIES, INC.
ATLANTIC SUGAR ASSOCIATION
HUGHES BROTHERS, INC.
LOUISIANA-PACIFIC CORPORATION
CONTINENTAL OIL CO.
SEABOARD COAST LINE RAILROAD COMPANY
CONNECTICUT NATURAL GAS CORP.
TRIO INDUSTRIES, INC.
OSHRC Docket No. 78-1044
Occupational Safety and Health Review Commission
June 26, 1978
[*1]
Before CLEARY, Chairman; BARNAKO and COTTINE, Commissioners.
COUNSEL:
Baruch A. Fellner, Office of the Solicitor, USDOL
Francis V. LaRuffa, Regional Solicitor, U.S. Department of Labor
Mr. Robert J. Fitzer, Trio Industries, Inc., for the employer
OPINION:
ORDER
BY THE COMMISSION:
Administrative Law Judge Seymour Fier approved a settlement of the above captioned case on May 25, 1978. A penalty of $350 was assessed inadvertantly while the parties agreed upon a $200 assessment. Judge Fier issued a corrective order on June 5, several days after filing the order approving the settlement. The corrective order is void. A judge does not retain jurisdiction of a case once his order has been filed with the Commission. Singleton Sheet Metal Works, 73 OSAHRC 6/F6, 1 BNA OSHC 1062, 1971-73 CCH OSHD para. 15,278 (No. 878, 1972).
The judge's May 25 order is amended to assess a penalty of $200 rather than $350 in order to conform the Commission's action to the parties' settlement.