SECRETARY OF LABOR, Complainant, v. SINGER CO., AMERICAN METER DIVISION Respondent. OSHRC DOCKET NO. 79-6382 _ORDER_ The Commission grants the Secretary's motion to withdraw his petition for review and further vacates the direction for review.[[1/]] FOR THE COMMISSION RAY H. DARLING, JR. EXECUTIVE SECRETARY Dated: MAR 2 1984 RAYMOND J. DONOVAN, SECRETARY OF LABOR Complainant, v. SINGER CO., AMERICAN METER DIVISION, Respondent. OSHRC Docket No. 79-6382 _MOTION TO WITHDRAW PETITION FOR REVIEW _The complainant, Raymond J. Donovan, Secretary of Labor, United States Department of Labor moves that the Commission permit the complainant to withdraw his petition for review which was granted by former Commissioner Bertram R. Cottine. As grounds for this motion, the Secretary sets forth the following facts: 1. On September 2, 1980, Judge William E. Brennan affirmed serious violations of several standards, two of which the Secretary had alleged to be willful violations. The Secretary petitioned for review concerning the characterization of these two violations. On October 3, 1980, former Commissioner Cottine directed review on the issue whether the violations should have been characterized as willful. On January 17, 1983, the Commission ordered the Secretary to file his brief on the issue. 2. The Secretary has reviewed the transcript and record in the matter and has determined that there is insufficient evidence in the record to support a finding of a willful violation. As a result of the new review and determination, the Secretary respectfully requests that the Commission permit the Secretary to withdraw the petition. Respectfully submitted, FRANCIS X. LILLY Deputy Solicitor of Labor FRANK A. WHITE Associate Solicitor for Occupational Safety & Health DANIEL J. MICK Counsel for Regional Trial Litigation EUGENE LOPEZ Attorney ------------------------------------------------------------------------ The Administrative Law Judge decision in this matter is unavailable in this format. To obtain a copy of this document, please request one from our Public Information Office by e-mail ( lwhitsett@oshrc.gov ), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386). FOOTNOTES: [[1/]] Commissioner Cleary dissents to this order.