May 13, 1991
MEMORANDUM FOR: LINDA R. ANKU
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.