“Docket No. 83-0601 SECRETARY OF LABOR, Complainant, v.WESTDALE, INC.,Respondent.OSHRC DOCKET NO. 83-0601ORDER In light of Respondent’s failure to respond to the Commission’s Order of December 13,1984, and the Secretary’s Motion to Dismiss Direction for Review and Briefing Order ofOctober 29, 1984, the Commission grants the Secretary’s Motion to Dismiss and vacates theDirection for Review.FOR THE COMMISSION RAY H. DARLING, JR. EXECUTIVE SECRETARY Dated: JAN 11 1985SECRETARY OF LABOR, RAYMOND J. DONOVAN,Complainant, v.WESTDALE, INC.,Respondent.OSHRC DOCKET No. 83-0601SECRETARY’S MOTION TO DISMISS DIRECTION FOR REVIEW AND BRIEFING ORDERComes now Raymond J. Donovan Secretary of Labor, United States Department of Labor(\”the Secretary\”), and respectfully requests that the Occupational Safety andHealth Review Commission (\”the Commission\”) dismiss the direction for review andbriefing order in the above-captioned matter. As grounds therefor the Secretary states thefollowing:1. As the result of an inspection of Westdale, Inc.’s (\”Westdale\”) place ofbusiness near Flatonia, Texas on May 24, 1983 through May 31, 1983, Westdale was issued acitation on June 23, 1983, by the Austin, Texas Area Office of the Occupational Safety andHealth Administration, United States Department of Labor.2. On June 27, 1983, Westdale filed a notice of contest to the citation, which was dulytransmitted to the Commission by the Secretary’s representative in accordance with theCommission rules of procedure.3. On July 15, 1983 the Secretary filed a Complaint.4. On July 19, 1983 Westdale filed an Answer to the Secretary’s Complaint.5. A hearing on this matter was held on November 2, 1983 before Commission AdministrativeLaw Judge Louis G. LaVecchia. A post-hearing brief in letter form was filed by theSecretary. Westdale did not file a brief.6. On March 9, 1984 Judge LaVecchia issued his Decision and Order, affirming the citation.7. On April 9, 1984 Westdale filed a Petition for Discretionary Review of the Judge’sdecision.8. On April 12, 1984 the Commission granted Westdale’s petition and directed review of theJudge’s decision.9. On August 3, 1984 the Commission issued a Briefing Notice. Westdale has not filed abrief with the Commission within the forty (40) days permitted under Commission Rule 93.Nor has Westdale notified the Commission or the Secretary that it did not intend to file abrief as specifically directed by the Commission’s August 3, 1984 briefing order.[[1\/]]10. In light of Westdale’s failure to respond to the briefing order, the Commission shoulddismiss the direction for review. Cf. Culberson Well Service, No. 82-1162, 1984 CCH OSHD? 26,873 (R.C. 1984).Conclusion For the above-noted reasons, the Secretary requests that the Commission vacate thedirection for review and allow the judge’s order to become a final order of theCommission.Respectfully submitted,FRANCIS X. LILLYSolicitor of LaborFRANK A. WHITE Associate Solicitor for Occupational Safety and Health DANIEL J. MICKCounsel for Regional Trial LitigationMARY REVELLAttorney\u00a0\u00a0FOOTNOTES: [[1\/]] The undersigned counsel for the Secretary spoke telephonically with Westdale’scounsel, George Carlton, Jr., on two occasions, the last being October 9, 1984. Mr.Carlton indicated that he was aware of the briefing order but had not yet responded to it.In the conversation of October 9, 1984, Mr. Carlton also indicated that he would contactthe undersigned after consulting with the company, but to date the undersigned hasreceived no word from him either in writing or by telephone.”