Longview Brass & Aluminum Company

“UNITED STATES OF AMERICAOCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION\u00a0 \u00a0 SECRETARY OF LABOR, \u00a0 ???????????????????????????????????????????? Complainant, \u00a0 ???????????????????????? v. OSHRC DOCKET NOS. 3777 & 3882 (consolidated) LONGVIEW BRASS & ALUMINUM COMPANY, \u00a0 ????????????????????????????????????????????? Respondent. \u00a0 \u00a0Directionfor Review and Reinstatement Order?October 31, 1973Before MORAN, Chairman,VAN NAMEE and CLEARY, CommissionersMORAN, CHAIRMAN:OnOctober 1, 1973, Review Commission Judge Herbert E. Bates granted complainant?smotion dated September 10, 1973, to dismiss the respondent?s Notice of Contestfor failure to answer the complaint.Reviewof that order is hereby directed.Inspectionof the Commission?s files in this matter reveals that respondent?s undatedletter, constituting an answer and received by the Commission on September 21,1973, was intended to be effective as to two unconsolidated cases, OSAHRCDocket No. 3777 and the instant case. Said answer was not before theAdministrative Law Judge in the instant case at the time he grantedcomplainant?s motion.Inview of the above, the Commission hereby orders reinstatement of this case.\u00a0\u00a0UNITED STATES OF AMERICAOCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION\u00a0 \u00a0 SECRETARY OF LABOR, \u00a0 ???????????????????????????????????????????? Complainant, \u00a0 ???????????????????????? v. OSHRC DOCKET NOS. 3777 & 3882 (consolidated) LONGVIEW BRASS & ALUMINUM COMPANY, \u00a0 ????????????????????????????????????????????? Respondent. \u00a0 ? September 10, 1073BATES, JUDGE, OSAHRC:Ruling on Secretary?smotion to dismiss; Granted.?”