United States of America OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 1120 20th Street, N.W., Ninth Floor Washington, DC 20036-3457 SECRETARY OF LABOR, Complainant, v. OSHRC Docket Nos. 13-1169 & 13-1170 NORTH EASTERN PRECAST LLC; and MASONRY SERVICES, INC. dba MSI, Respondents. BRIEFING NOTICE The Commission requests that the parties brief whether the judge erred in his determination that Willful Citation 2, Items 1 and 2 were not duplicative. The parties should also discuss the appropriateness of the penalty for these two citation items. All briefs are to be filed in accordance with Commission Rule 93.1 The first brief is to be filed within 40 days of this notice. A party who does not intend to file a brief must notify the Commission in writing setting forth the reason therefor within the applicable time for filing briefs, and shall serve a copy on all other parties. The time for filing briefs (or similar notices of intent) of opposing parties shall commence on the date of service. 1 The Commission requests that all briefs include an alphabetical table of authorities with references to the pages on which they are cited, and that an asterisk be placed in the left-hand margin of the table to indicate those authorities on which the brief principally relies. The Commission also requests that copies of cited authority, other than statutes, case law, law journal articles and legal treatises, be provided to the Commission and to the opposing party. Parties should be cautioned that these materials will be considered only if appropriate. OSHRC Official Seal BY DIRECTION OF THE COMMISSION Dated: November 2, 2015 ________________________________ John X. Cerveny Executive Secretary DOCKET NOS. 13-1169 & 13-1170 NOTICE IS GIVEN TO THE FOLLOWING: Charles F. James, Counsel for Appellate Litigation Heather R. Phillips, Counsel for Appellate Litigation Office of the Solicitor, U.S. DOL Room S4004 200 Constitution Ave., NW Washington, D.C. 20210 Jonathan W. Greenbaum, Esq. COBURN & GREENBAUM, PLLC 1710 Rhode Island Avenue, NW Suite 200 Washington, DC 20036