JENN-AIR CORPORATION

OSHRC Docket No. 80-6256-P

Occupational Safety and Health Review Commission

March 19, 1981

� [*1] �

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

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Mr. Herman Grant, Solicitor, U.S. Dept. of Labor, Office of the Solicitor

Edith E. Holiday, for the employer

OPINION:

DECISION

BY THE COMMISSION:

An order of Administrative Law Judge F. Daley Abels, approving an amended petition for modification of abatement filed by Petitioner, Jenn-Air Corp., is before the Commission pursuant to a direction for review by Commissioner Cottine issued under section 12(j), 29 U.S.C. � � 661(i), of the Occupational Safety and Health Act of 1970, 29 U.S.C. � � � 651-678.

After the judge entered his order but before it was received by the parties, Petitioner filed a letter with the judge asking that no order be issued until the parties had an opportunity to meet. � The Secretary of Labor agreed in the request by Petitioner. � The Sheet Metal Workers' Local 503 did not object to the request. � Subsequently, as a result of the judge's order, Petitioner filed a petition for discretionary review requesting that the case be remanded. � The petition states that all parties are agreeable to the remand

Under the circumstances, we set aside the order of [*2] � Administrative Law Judge F. Daley Abels, dated November 7, 1980. � Cf. The Anaconda Company, Wire and Cable Division, 80 OSAHRC    , 9 BNA OSHC 1159, 1980 CCH OSHD P24,917 (No. 79-5449, 1980) (case remanded for purposes other than judicial error). � Accordingly, this action is remanded to the judge for consideration of the objections filed by Petitioner.

SO ORDERED. �