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BRISTOL-MYERS COMPANY


BOONVILLE DIVISION OF ETHAN ALLEN, INC. �


OWENS-ILLINOIS, INC. �


CONTINENTAL GRAIN COMPANY


WALLING CRATE COMPANY


MATERIAL FABRICATION CORPORATION


BURKART-RANDALL COMPANY


KAISER ALUMINUM & CHEMICAL CORP. �


BETHLEHEM STEEL CORPORATION, (BUFFALO TANK DIVISION)


WESTERN WATERPROOFING CO., INC. �


SOUTHWESTERN BELL TELEPHONE CO. �


CHAMPION CONSTRUCTION & ENGINEERING CO., INC. �


DEERING MILLIKEN, INC. �


WESTERN ELECTRIC CO., INC. �


JOHN & ROY CARLSTROM, d/b/a CARLSTROM BROTHERS CONSTRUCTION


NOBLE DRILLING CORPORATION


IMC CHEMICAL GROUP, INC. �


CF&I STEEL CORPORATION


DELCO REMY, DIVISION OF GENERAL MOTORS CORPORATION, A CORPORATION


CONTINENTAL CAN COMPANY, U.S.A., a member of THE CONTINENTAL GROUP, INC. �


McLEAN-BEHM STEEL ERECTORS, INC. �


BROCKWAY CLASS COMPANY, INC. �


OTIS ELEVATOR COMPANY


KROEHLER MANUFACTURING CO. �


GENERAL MOTORS CORPORATION


GROSSMAN STEEL & ALUMINUM CORP. �


YELVINGTON WELDING SERVICE


MRS PRINTING, INC. �


BAILEY CONSTRUCTION COMPANY


WILLIAMS ENTERPRISES, INC. �


ASPRO, INC., SPUN STEEL DIVISION


WRAY ELECTRIC CONTRACTING, INC. �


ASPLUNDH TREE EXPERT COMPANY


J. H. MACKAY ELECTRIC COMPANY and U.S. ENGINEERING COMPANY


BOSTON GEAR, A Division of, Murray Company of Texas, Inc. �


GRANITE-GROVES, A JOINT VENTURE


HAMILTON FOUNDRY DIVISION, HAMILTON ALLIED CORPORATION


FORD, BACON & DAVIS CONSTRUCTION CO., INC. �


WALTER C. MEHLENBACHER


IRWIN STEEL ERECTORS, INC. �


EATON CORPORATION


ITT THOMPSON INDUSTRIES, INC. �


ATLANTIC SUGAR ASSOCIATION


HUGHES BROTHERS, INC. �


LOUISIANA-PACIFIC CORPORATION


CONTINENTAL OIL CO. �


SEABOARD COAST LINE RAILROAD COMPANY


CONNECTICUT NATURAL GAS CORP. �


TRIO INDUSTRIES, INC. �

OSHRC Docket No. 78-1044

Occupational Safety and Health Review Commission

June 26, 1978

� [*1] �

Before CLEARY, Chairman; BARNAKO and COTTINE, Commissioners. �

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Francis V. LaRuffa, Regional Solicitor, U.S. Department of Labor

Mr. Robert J. Fitzer, Trio Industries, Inc., for the employer

OPINION:

ORDER

BY THE COMMISSION:

Administrative Law Judge Seymour Fier approved a settlement of the above captioned case on May 25, 1978. � A penalty of $350 was assessed inadvertantly while the parties agreed upon a $200 assessment. � Judge Fier issued a corrective order on June 5, several days after filing the order approving the settlement. � The corrective order is void. � A judge does not retain jurisdiction of a case once his order has been filed with the Commission. � Singleton Sheet Metal Works, 73 OSAHRC 6/F6, 1 BNA OSHC 1062, 1971-73 CCH OSHD para. 15,278 (No. 878, 1972).

The judge's May 25 order is amended to assess a penalty of $200 rather than $350 in order to conform the Commission's action to the parties' settlement. �