CONGOLEUM INDUSTRIES, INC. �

OSHRC Docket No. 13225

Occupational Safety and Health Review Commission

June 16, 1977

� [*1] �

Before BARNAKO, Chairman and CLEARY, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Marshall H. Harris Reg. Sol., USDOL

Francis J. Connell, III, for the employer

A. E. Lawson & Franklin Mont, United Steelworkers of America, for the employees

OPINION:

DECISION

BY THE COMMISSION:

This matter is before us by Commissioner Cleary's September 20, 1976 order granting a petition for discretionary review filed by complainant, the Secretary of Labor. � The petition included several exceptions to a decision issued on August 19, 1976, by Administrative Law Judge Ben D. Worcester. � The authorized employee representative, Local 12698, United Steelworkers of America, AFL-CIO, which had breviously asserted party status in the case, advised the Commission on the date of the direction for review that it joined in the Secretary's request for review. � On February 25, 1977, a notice of withdrawal of its petition was filed with the Commission by the Secretary and served upon respondent, Congoleum Industries, Inc., and the authorized employee representative. � Respondent has submitted a letter in which it presumes that the Judge's decision will be affirmed on the basis of the lack of party [*2] � objection. � The authorized employee representative has filed neither a submission on review nor a response to the Secretary's notice of withdrawal. � In these circumstances, the Judge's decision is affirmed. � Koppers Co., Inc. 5 BNA OSHC 1306, 1977-78 CCH OSHD para. 21,723 (No. 3449, 1977); Geuder, Paeschke & Frey Company, No. 6661 (May 6, 1977); Abbott-Sommer, Inc., 3 BNA OSHC 2032, 1975-76 CCH OSHD para. 20,248 (No. 9507, 1976). �