UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
|
SECRETARY
OF LABOR, |
|
|
Complainant, |
|
|
v. |
OSHRC
DOCKET NO. 3661 |
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SPECTOR
FREIGHT SYSTEM, INC., |
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|
Respondent. |
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September
15, 1976
DECISION
BEFORE BARNAKO, Chairman; MORAN and CLEARY,
Commissioners.
MORAN, Commissioner:
A decision of Review Commission Judge
George W. Otto, dated September 8, 1975, a copy of which is attached hereto as
Appendix A,[1]
is before this Commission for review pursuant to 29 U.S.C. § 661(i).
Having reviewed the record in its
entirety, the Commission finds that the Judge properly decided the case and
adopts his decision granting complainant’s motion of withdrawal of citation and
complaint by reason of lack of sufficient evidence, it being clear from the
record that all appropriate notification on this matter has been accomplished.
Accordingly, the Judge’s decision is hereby affirmed.
FOR THE COMMISSION:
William S. McLaughlin
Executive Secretary
DATED: SEP 15, 1976
UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
|
SECRETARY
OF LABOR, |
|
|
Complainant, |
|
|
v. |
OSHRC
DOCKET NO. 3661 |
|
SPECTOR
FREIGHT SYSTEM, INC., |
|
|
Respondent. |
|
September 8, 1975
ORDER
In a decision issued June 10, 1975 the
Occupational Safety and Health Review Commission remanded the above identified
proceeding to the undersigned Judge. On September 4, 1975 complainant filed a
document served September 4, 1975 entitled ‘Notice of Withdrawal of Citation
and Complaint’ . . . by reason of lack of sufficient evidence to sustain the
burden as required by Review Commission Rules of Procedure 73. Complainant has
no authority to effect unilateral withdrawal. However the document filed
September 4, 1975 is deemed a motion for withdrawal.
Under Commission Rule 73(a) in all
proceeding commenced by the filing of a notice of contest, the burden of proof
shall rest with the Secretary. No purpose is served by continuing this
proceeding where the complainant by reason of lack of sufficient evidence to
sustain his burden elects to file a motion to withdraw.
In support of the motion complainant
submitted with the notice the affidavit of T. L. Patton, Director of Safety
& Training of Spector Freight Systems, Inc.
The motion is granted. Therefore the
citation issued June 21, 1973 is hereby vacated, the complaint served July 16,
1976 is hereby dismissed and this proceeding is terminated.
George W. Otto
Judge, OSAHRC
Dated: September 8, 1975