UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,
Complainant,
v.	OSHRC DOCKET NO. 3481
W.W. ARNOLD CONSTRUCTION CO., INC.
Respondent.

DIRECTION FOR REVIEW AND REINSTATEMENT ORDER

October 15, 1973

Before MORAN, Chairman; VAN NAMEE and CLEARY, Commissioners

MORAN, CHAIRMAN:

On September 26, 1973, Review Commission Judge Herbert E. Bates granted the complainant’s motion dated August 21, 1973, to dismiss the respondent’s notice of contest for failure to answer the complaint.

Review of that ruling is hereby directed.

The Commission’s disposition upon review is to reinstate this case in order to give respondent an opportunity to file its answer since it claims that it did not receive a copy of the complaint.

Respondent is allowed 15 days from its receipt of this order to file an answer to the complaint.

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,
Complainant,
v.	OSHRC DOCKET NO. 3481
W.W. ARNOLD CONSTRUCTION CO., INC.
Respondent.

September 26, 1973

BATES, JUDGE, OSAHRC:

Ruling on Secretary’s motion to dismiss notice of contest; Granted.