Home F. Benson & Company, Inc.

F. Benson & Company, Inc.

F. Benson & Company, Inc.

“UNITED STATES OF AMERICAOCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION \u00a0 SECRETARY OF LABOR, \u00a0 ???????????????????????????????????????????? Complainant, \u00a0 ???????????????????????? v. OSHRC DOCKET NO. 80?3463 \u00a0 F.BENSON & COMPANY, INC., \u00a0 ????????????????????????????????????????????? Respondent. \u00a0 December 31, 1980DIRECTION FOR REVIEW AND REMAND ORDER??????????? Thiscase is directed for review pursuant to Section 12(j), 29 U.S.C. ? 661(i), of theOccupational Safety and Health Act of 1970, 29 U.S.C. ?? 651?678.??????????? Subsequentto the filing of the Administrative Law Judge?s Order of December 4, 1980 theparties notified the Judge that the Stipulation and Joint Motion previouslysubmitted was in error.??????????? Theparties now represent that item numbers 1 and 2 of Citation No. 1; and itemnumber 3 of Citation No. 2 had been previously deleted by the Fort Lauderdale,Florida, OSHA Area Office. As a result of the deletion of the above items thecorrected total penalty for the remaining items should be $576.00 as opposed tothe $864,00 so stated.??????????? Onthe basis of the record as it now stands we are unable to determine without theappropriate Stipulation and Joint Motion the intent of the parties herein andwhether said deletions have been properly brought before the Commission.??????????? Accordingly,the Judge?s Order is vacated and the case is remanded for further proceedings.SO ORDERED.?FOR THE COMMISSION?RAY H. DARLING, JR.EXECUTIVE SECRETARYDated: December 31 1980[No ALJ decision available].”