Elaine M. Chao, Secretary of Labor v. Russell P. Le Frois Builder, Inc. Occupational Safety and Health Review Commission
Case Details
- Judge(s)
- Straub, Pooler, Sack
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
- Circuit
- Second Circuit
Related Laws
No specific laws identified for this ruling.
Outcome
The Second Circuit reversed the OSHRC's decision and held that the Commission lacks jurisdiction under Federal Rule of Civil Procedure 60(b) to excuse an employer's failure to file a timely notice of contest based on inadvertence or excusable neglect; the employer's failure to timely contest the OSHA citation rendered the citation a final order not subject to review.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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