UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,
Complainant,
v.	OSHRC DOCKET NOS. 3777 & 3882 (consolidated)
LONGVIEW BRASS & ALUMINUM COMPANY,
Respondent.

Direction for Review and Reinstatement Order

October 31, 1973

Before MORAN, Chairman, VAN NAMEE and CLEARY, Commissioners

MORAN, CHAIRMAN:

On October 1, 1973, Review Commission Judge Herbert E. Bates granted complainant’s motion dated September 10, 1973, to dismiss the respondent’s Notice of Contest for failure to answer the complaint.

Review of that order is hereby directed.

Inspection of the Commission’s files in this matter reveals that respondent’s undated letter, constituting an answer and received by the Commission on September 21, 1973, was intended to be effective as to two unconsolidated cases, OSAHRC Docket No. 3777 and the instant case. Said answer was not before the Administrative Law Judge in the instant case at the time he granted complainant’s motion.

In view of the above, the Commission hereby orders reinstatement of this case.

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,
Complainant,
v.	OSHRC DOCKET NOS. 3777 & 3882 (consolidated)
LONGVIEW BRASS & ALUMINUM COMPANY,
Respondent.

September 10, 1073

BATES, JUDGE, OSAHRC:

Ruling on Secretary’s motion to dismiss; Granted.