“UNITED STATES OF AMERICAOCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION \u00a0 SECRETARY OF LABOR, \u00a0 ???????????????????????????????????????????? Complainant, \u00a0 ???????????????????????? v. OSHRC DOCKET NO. 7725 CHAMPION INTERNATIONAL CORP., \u00a0 ????????????????????????????????????????????? Respondent. \u00a0 \u00a0DECISIONMarch 14, 1975CLEARY,COMMISSIONER:Thedecision of Judge Chaplin in this case is before the full Commission on myorder of review that was issued under section 12(j) of the Occupational Safetyand Health Act of 1970 (29 U.S.C. ? 651 et seq., hereinafter referred to as?the Act?). The decision was ordered for review on the issue of whether themotion to dismiss item 8 was served upon affected employees in accordance withthe Commission?s requirements for such service.Anexamination of the full record indicates that the affected employees wereinformally and personally informed of the motion to dismiss, and had anopportunity to be heard thereon. This being so, we find no prejudicial error inthe Judge?s disposition, and his decision is hereby affirmed.\u00a0\u00a0UNITED STATES OF AMERICAOCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION \u00a0 SECRETARY OF LABOR, \u00a0 ???????????????????????????????????????????? Complainant, \u00a0 ???????????????????????? v. OSHRC DOCKET NO. 7725 CHAMPION INTERNATIONAL CORP., \u00a0 ????????????????????????????????????????????? Respondent. \u00a0 \u00a0October3, 1974CHAPLIN,JUDGE:Therespondent was issued a citation for non-serious violations by the Secretary ofLabor on April 8, 1974 for alleged violations of 29 CFR 1910. A penalty of $30 wasproposed for item no. 4 and no penalty for the other items through item no. 13.Therespondent filed notice of contest as to item no. 8 of the citation.OnSeptember 23, 1974 there was received the Secretary of Labor?s motion fordismissal of the citation respecting item no. 8 on the ground that the facts donot specify a violation of the standard at 1910.212(a)(3)(ii). Granting themotion would not be inconsistent with the purposes of the Occupational Safetyand Health Act of 1970.Itis therefore ORDERED that petitioner?s motion to dismiss item no. 8 of thecitation dated April 8, 1974 is granted. Item no. 8 of the citation is vacated.The Secretary?s citation respecting items no. 1 through 7 and 9 through 13,which were not contested, are affirmed in all respects and deemed a final orderof the Commission.”