UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION


 

	

 

SECRETARY OF LABOR,

	

 

                      Complainant,

	

 

v.

	

Docket No. 02-0969

BRANHAM SIGN COMPANY, INC.,

	

 

                      Respondent.

	

 

 

	

 




/DECISION AND ORDER ON MOTION FOR DEFAULT JUDGEMENT/


           On August 27, 2002, the undersigned issued his Order and
Corrected Order To Show Cause. The Corrected Order required the
Respondent to explain its reason(s) for its failure to comply with this
Court’s two Pre-Trial Conference and Scheduling Orders dated August 5
and August 16, 2002. The purpose of the two orders was to encourage
settlement of the case or if, unsuccessful, then to narrow the issues.


           The Respondent filed its reply on August 29, 2002. It was a
diatribe in which the Respondent failed to address the issue raised in
the Corrected Order To Show Cause.


/       DISCUSSION AND CONCLUSION/


/           /Our system of government offers its citizens unlimited
freedoms; however, the freedoms are based upon laws, regulations and
responsibilities. Additionally, it is axiomatic to our democracy that
citizens demonstrate respect for the Courts, the adjudicative process
and, however, begrudgingly, respect for the opposing party.


           While the Respondent professes “love [for] my Country,” it
states “[it has] no love, or respect or feelings of duty for the
Government of the United States of America.” Supporting his disdain for
the laws, regulations, and responsibilities expected of its citizenry,
the Respondent (1) ignored this Court’s Order dated August 5, 2002 by
failing to notify the Court of Respondent’s unavailability to
participate in the scheduled August 16, 2002, pre-trial telephone
conference, and (2) refused to participate in the scheduled August 20,
2002, pre-trial telephone conference.


           It is the opinion of this Court that the Respondent hasno
intention to act responsibly in this matter but to engage in a vitriolic
discourse against the United States government, in general and against
the Occupational Safety and Health Administration, in particular. This
Court has made allowances for the /pro se/ employer. In return, the /pro
se/ employer has engaged in contumacious conduct and has prejudiced the
complainant by its failure to engage in ANY discussions regarding issue
and witness identification and any defenses the Respondent intended to
assert./See Sealtite Corp.,15 BNA OSHC 1130 /(No.88-1431, 1991). 


           IT IS ORDERED that the Motion for Default Judgement is GRANTED.


           IT IS FURTHER ORDERED that the Citation and Notification of
penalty

issued June 5, 2002, is affirmed in its entirety.


 


Dated:                                                       
____/s/_______________

Washington, D.C.                                      G. Marvin Bober

                                                                         Administrative
Law Judge