Randall Mechanical, Inc. v. Secretary of Labor, United States Department of Labor

Opinion

Case: 18-12959 Date Filed: 03/18/2020 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 18-12959 ________________________

OSHRC Docket No. 17-1595

RANDALL MECHANICAL, INC.,

Petitioner,

versus

SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR,

Respondent. ________________________

Petition for Review of a Decision of the Occupational Safety and Health Review Commission ________________________

(March 18, 2020) Case: 18-12959 Date Filed: 03/18/2020 Page: 2 of 2

Before JORDAN, TJOFLAT, and TRAXLER,∗ Circuit Judges.

PER CURIAM:

Following oral argument, and a review of the record, we vacate the ALJ’s

order granting the Secretary’s motion for reconsideration and dismissing Randall

Mechanical’s notice of contest. As we have explained, the “[Occupational Safety

and Health Review] Commission and its ALJs are bound to follow the law of the

circuit to which the case would most likely be appealed.” Comtran Grp., Inc. v. U.S.

Dep’t of Labor, 722 F.3d 1304, 1307 (11th Cir. 2013). The Commission has said

the same thing. See Sec’y of Labor v. Interstate Brands Corp., 20 O.S.H. Cas. (BNA)

1102, *3 n.7, 2003 WL 1961274 (2003) (applying Third Circuit law with respect to

the Secretary’s burden of proof regarding a certain violation). We therefore remand

to the ALJ with instructions to apply Supreme Court and Eleventh Circuit precedent

with respect to Randall Mechanical’s Rule 60(b)(1) motion. We express no view on

the merits of that motion.

VACATED AND REMANDED.

∗The Honorable William B. Traxler, Circuit Judge for the United States Court of Appeals for the Fourth Circuit, sitting by designation.