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• Standard Number: 1910.107(b)(5)(iv)

May 13, 1991 

MEMORANDUM FOR:     LINDA R. ANKU
                   REGIONAL ADMINISTRATOR

FROM:               PATRICIA K. CLARK, DIRECTOR 
                   DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT:            Unfavorable Review Commission Decision - Secretary of
                   Labor v. Tudor's Body Shop, Docket No. 88-0462
The Review Commission affirmed the Administrative Law Judge's decision which vacated the citation on March 25, 1991. Even though the Commission agreed with the Secretary that the reason given by the judge for vacating the citation was not consistent with precedent, they concluded that the Secretary failed to establish applicability of 29 CFR 1910.107(b)(5)(iv) standard.

The attached copy is for your information and reference, if further litigation results from this decision.

Attachment

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