OSHRC Docket No. 80-6256-P

Occupational Safety and Health Review Commission

March 19, 1981


Before: BARNAKO, Acting Chairman; CLEARY and COTTINE, Commissioners.


Baruch A. Fellner, Office of the Solicitor, USDOL

Mr. Herman Grant, Solicitor, U.S. Dept. of Labor, Office of the Solicitor

Edith E. Holiday, for the employer




An order of Administrative Law Judge F. Daley Abels, approving an amended petition for modification of abatement filed by Petitioner, Jenn-Air Corp., is before the Commission pursuant to a direction for review by Commissioner Cottine issued under section 12(j), 29 U.S.C. 661(i), of the Occupational Safety and Health Act of 1970, 29 U.S.C. 651-678.

After the judge entered his order but before it was received by the parties, Petitioner filed a letter with the judge asking that no order be issued until the parties had an opportunity to meet. The Secretary of Labor agreed in the request by Petitioner. The Sheet Metal Workers' Local 503 did not object to the request. Subsequently, as a result of the judge's order, Petitioner filed a petition for discretionary review requesting that the case be remanded. The petition states that all parties are agreeable to the remand

Under the circumstances, we set aside the order of [*2] Administrative Law Judge F. Daley Abels, dated November 7, 1980. Cf. The Anaconda Company, Wire and Cable Division, 80 OSAHRC    , 9 BNA OSHC 1159, 1980 CCH OSHD P24,917 (No. 79-5449, 1980) (case remanded for purposes other than judicial error). Accordingly, this action is remanded to the judge for consideration of the objections filed by Petitioner.