SECRETARY OF LABOR,
Complainant,

v.

GEORGIA PACIFIC CORPORATION,
PACKAGING DIVISION,
Respondent.

OSHRC DOCKET NO. 82-0993


CONDITIONAL ORDER APPROVING WITHDRAWAL

The judge's order granting the Secretary's withdrawal is conditionally affirmed subject to the following: (1) that the Commission receive proof of service of the Secretary's "Notice of Dismissal" by first class mail or personal delivery on any authorized employee representatives, consistent with Commission Rules 7 (c) and (f), 29 C.F.R. §§ 2200.7(c) and (f); (2) that the Commission receive proof of service of the "Notice of Dismissal" on unrepresented affected employees by posting at or near the place where the citation is to be posted, see Commission Rule 7(g), 29 C.F.R. § 2200.7(g); and (3) that no objections are filed by or on behalf of affected employees within 10 days following service, see Commission Rule 37, 29 C.F.R. § 2200.37. These forms of service for all withdrawals are required, consistent with the principles stated in Mobil Oil Co., 82 OSAHRC 45/A2, 10 BNA OSHC 1905, 1982 CCH OSHD ¶ 26,187 (No. 77-4386, 1982), appeal filed, No. 82-4171 (2d Cir. Oct. 5, 1982); See also Republic Steel Corp.., 10 BNA OSHC 2222, 1982 CCH OSHD ¶ 26,326 (No. 81-656, 1982), appeals filed, Nos 83-3058 and 83-3060 (6th Cir. Jan. 28 and 30, 1983); 29 U.S.C. § 659(c). Previous Commission decisions holding to the contrary are therefore overruled. Eg., Pacific Intermountain Express Co., 74 OSAHRC 67/F10, 2 BNA OSHC 1228, 1974-75 CCH OSHD ¶ 18,718 (No. 4303, 1974); Newspaper Agency Corp., 74 OSAHRC 27/C2, 1 BNA OSHC 1711, 1973-74 CCH OSHD ¶ 17,785 (No. 1902, 1974).

IT IS SO ORDERED.

Dated: APR 27 1983

Ray H. Darling, Jr.
Executive Secretary

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