“Docket No. 80-4785 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. 80-4785ORDERBefore: BUCKLEY, Chairman; RADER and WALL, Commissioners.BY THE COMMISSION:E.I. DuPont de Nemours & Company had complained to the Commission that a protectiveorder issued by a Commission administrative law judge in this case had been violated. TheCommission then referred the matter to a judge for findings. Administrative Law JudgeWilliam E. Brennan found that the protective order had indeed been violated by the lawfirm of Tomar, Parks, Seliger, Simonoff & Adourian through Robert Aaron Greenberg,Esq., and forwarded his report to the Commission. The Commission ordered the parties tofile briefs on various questions, including what remedy is appropriate to secure thereturn or destruction of the materials disclosed in violation of the protective order andwhether disciplinary action was appropriate with respect to any attorney or law firm foundto have violated the protective order.We have fully considered the briefs of the parties in light of the record compiled to datein this case. Although we have considered whether steps should be taken by the Commissionto secure the return or destruction of the materials that Judge Brennan found weredisclosed in violation of the protective order, we have concluded that with the passage oftime and the public dissemination of the materials, the efficacy of such steps is toodoubtful to warrant pursuing them further in this case. We conclude that the appropriatecourse is to institute a separate proceeding against the attorney and law firm found byJudge Brennan to have violated the protective order to determine whether and to whatextent disciplinary action should be imposed.Accordingly, this case, Docket No. 80-4785, is closed. The official file jacket isincorporated by reference into Docket No. 86-651-D.FOR THE COMMISSIONRay H. Darling, Jr. Executive SecretaryDated: May 23, 1986The Administrative Law Judge decision in this matter is unavailable in this format. Toobtain a copy of this document, please request one from our Public Information Office bye-mail ( [email protected] ), telephone(202-606-5398), fax (202-606-5050), or TTY (202-606-5386).”