“SECRETARY OF LABOR,Complainant,v.CROCKER & WEST SHEET METALCO., INC.,Respondent.OSHRC Docket No. 89-0819_ORDER _This case was directed for review before the Occupational Safety andHealth Review Commission (\”Commission\”) by Chairman Edwin G. Foulke, Jr.on March 19, 1990 from a decision by Administrative Law Judge David G.Oringer dated January 22, 1990. Thereafter, the Secretary of Labor(\”Secretary\”) filed a Withdrawal of Citation and Complaint with theCommission pursuant to Commission Rule 102, 29 C.F.R. ? 2200.102.Having reviewed the official record in this case, the Commissionconstrues the Secretary’s Notice of Withdrawal of Citation and Complaintas a Motion to Withdraw Citation and Complaint and grants the motion. Inaddition, the Commission sets aside Judge Oringer’s order whichdismissed the notice of contest and affirmed the citation.Edwin G. Foulke, Jr.ChairmanVelma MontoyaCommissionerDonald G. WisemanCommissionerDated:_June 8, 1990_————————————————————————SECRETARY OF LABOR,Complainantv.CROCKER & WEST SHEET METALCo., INC.,RespondentOSHRC Docket No. 89-0819_DECISION AND ORDER OF DISMISSAL_The respondent, Crocker & West Sheet Metal Co., Inc., having whollyfailed to respond to the Judge’s order of May 19, 1989, which gave ituntil June 3, 1989 to file its answer and never having filed an answerto date, its notice of contest is dismissed.The citation alleging a violation of the standard set forth at 29 C.F.R. ? 1926.28(a) is affirmed and the proposed penalty of $490 is assessed.IT IS SO ORDERED.DAVID G. ORINGER, JUDGE, OSHRCDated: 1\/22\/90Boston, Massachusetts————————————————————————SECRETARY OF LABOR,United StatesDepartment of Labor,Complainant,v.CROCKER & WEST SHEET METAL CO., INC.,Respondent.DOCKET NO. 89-0819REGION I_WITHDRAWAL OF CITATION AND COMPLAINT_Now comes the Complainant, Secretary of Labor, United States Departmentof Labor, and hereby withdraws the citation and complaint filed herein.Complainant declines to defend Respondent’s appeal of the defaultdecision entered herein January 22, 1990.Robert P. DavisSolicitor of LaborAlbert H. RossRegional SolicitorConstance B. FranklinAttorneyUnited States Department of LaborAttorneys for Complainant”