“SECRETARY OF LABOR,Complainant,v.E.I. DUPONT DE NEMOURS & COMPANY,Respondent.CHEMICAL WORKERS ASSOCIATION,Authorized Employee Representative.ROBERT AARON GREENBERG, ESQ.,Additional Party,andTHE LAW FIRM OF TOMAR, PARKS, SELIGER,SIMONOFF & ADOURIAN,Additional Party.OSHRC Docket No. 80-4785_ORDER_Before: BUCKLEY, Chairman; RADER and WALL, Commissioners.BY THE COMMISSION:E.I. DuPont de Nemours & Company had complained to the Commission that aprotective order issued by a Commission administrative law judge in thiscase had been violated. The Commission then referred the matter to ajudge for findings. Administrative Law Judge William E. Brennan foundthat the protective order had indeed been violated by the law firm ofTomar, Parks, Seliger, Simonoff & Adourian through Robert AaronGreenberg, Esq., and forwarded his report to the Commission. TheCommission ordered the parties to file briefs on various questions,including what remedy is appropriate to secure the return or destructionof the materials disclosed in violation of the protective order andwhether disciplinary action was appropriate with respect to any attorneyor law firm found to have violated the protective order.We have fully considered the briefs of the parties in light of therecord compiled to date in this case. Although we have consideredwhether steps should be taken by the Commission to secure the return ordestruction of the materials that Judge Brennan found were disclosed inviolation of the protective order, we have concluded that with thepassage of time and the public dissemination of the materials, theefficacy of such steps is too doubtful to warrant pursuing them furtherin this case. We conclude that the appropriate course is to institute aseparate proceeding against the attorney and law firm found by JudgeBrennan to have violated the protective order to determine whether andto what extent disciplinary action should be imposed.Accordingly, this case, Docket No. 80-4785, is closed. The official filejacket is incorporated by reference into Docket No. 86-651-D.FOR THE COMMISSIONRay H. Darling, Jr.Executive SecretaryDated: May 23, 1986————————————————————————The Administrative Law Judge decision in this matter is unavailable inthis format. To obtain a copy of this document, please request one fromour Public Information Office by e-mail ( [email protected] ), telephone (202-606-5398), fax(202-606-5050), or TTY (202-606-5386).”