“SECRETARY OF LABOR,Complainant,v.SINGER CO., AMERICAN METER DIVISIONRespondent.OSHRC DOCKET NO. 79-6382_ORDER_The Commission grants the Secretary’s motion to withdraw his petitionfor review and further vacates the direction for review.[[1\/]]FOR THE COMMISSIONRAY H. DARLING, JR.EXECUTIVE SECRETARYDated: MAR 2 1984 RAYMOND J. DONOVAN, SECRETARY OF LABORComplainant,v.SINGER CO., AMERICAN METER DIVISION,Respondent.OSHRC Docket No. 79-6382_MOTION TO WITHDRAW PETITION FOR REVIEW_The complainant, Raymond J. Donovan, Secretary of Labor, United StatesDepartment of Labor moves that the Commission permit the complainant towithdraw his petition for review which was granted by formerCommissioner Bertram R. Cottine.As grounds for this motion, the Secretary sets forth the following facts:1. On September 2, 1980, Judge William E. Brennan affirmed seriousviolations of several standards, two of which the Secretary had allegedto be willful violations. The Secretary petitioned for reviewconcerning the characterization of these two violations. On October 3,1980, former Commissioner Cottine directed review on the issue whetherthe violations should have been characterized as willful. On January17, 1983, the Commission ordered the Secretary to file his brief on theissue.2. The Secretary has reviewed the transcript and record in the matterand has determined that there is insufficient evidence in the record tosupport a finding of a willful violation. As a result of the new reviewand determination, the Secretary respectfully requests that theCommission permit the Secretary to withdraw the petition.Respectfully submitted,FRANCIS X. LILLYDeputy Solicitor of LaborFRANK A. WHITEAssociate Solicitor forOccupational Safety & HealthDANIEL J. MICKCounsel for RegionalTrial LitigationEUGENE LOPEZAttorney————————————————————————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).FOOTNOTES:[[1\/]] Commissioner Cleary dissents to this order.”