Document 0G21NDj3QMObxwdNkgw70bgR

r* j?' A &' a*3' UNIONCARBIDE CORPORATION PLAINTIFFS EXHIBIT UC-1196 John W. Whittlesey CHIEF LABOR COUNSEL 270 PARK AVENUE NEW YORK, N. Y. 10017 RECEIVED MAY 7 82 LAW DEPARTMENT 818>BB1*B?B7 CERTIFIED HAIL NO. 1240064 RETURN RECEIPT REQUESTED May 5, 1980 Executive Secretary Occuptional Safety and Health Review Commission 1825 K Street, N.W. Washington, D.C. 20006 Re: Secretary of Labor, United States Department of Labor vs. Union Carbide Corporation, OSHRC Docket No. 80-1943, Region No, 6 Dear Sir: Enclosed please find the original and one (1) copy of Respondent's Answer in the above captioned case, copy of which has been served upon Regional Solicitor for the Department. Very truly yours, JWW:js Enclosures John W. Whittlesey cc: James E. White Regional Solicitor U.S. Department of Labor UCTC 21177 555 Griffin Square Building Rm. 501 Griffin & Young Streets Dallas, Texas 75202 Attn: Fredd J. Haas CERTIFIED MAIL NO. 1240065 bcc: Messrs. J. B. Leverton R. G. Mitchell A. G. Voress j. W. Whittlesey UNITED STATES OF AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABCR, Complainants, vs. UNION CARBIDE CORPORATION, Respondent. OSHRC Docket No. 80-1943 Region No. 6 ANSWER AND AFFIRMATIVE DEFENSES Respondent, Union Carbide Corporation, by its attorney,, answers the Complaint issued by the Department of Labor and dated April 24, 1980 as follows: 1. Respondent denies each and every allegation contained in the Introductory Paragraph of the Complaint, Paragraphs IV, V and VI in their entirety. 2. Respondent admits all the allegations con tained in Paragraphs I and II of the Complaint, except the statement of Respondents name in Paragraph II. -1 UCTC 21178 3. Respondent denies each and every allegation in Paragraph IHof the Complaint except that Respondent admits that, on or about March 13, 1980, an inspection was conducted at Respondent's Texas City, Texas workplace and that Citation No. S6329-019 was issued. 4. Respondent denies any and all allegations of Paragraph IV of the Complaint and denies that Complainant has lawfully amended the Citation herein. 5. Respondent admits Paragraph VII of the Complaint. AFFIRMATIVE DEFENSE 6* The Complaint, on its face, fails to state a claim upon which relief may be granted. 7. -The allegations of the Complaint contravene the intent of Congress in enacting the Occupational Safety and Health Act of 1979 as amended, 29 U.S.C.A. 651 et seq. (hereafter "the Act") as well as the authority of Complainant furnished thereunder. 8. The Complaint, on its face, violates the internal and published rules of the Occupational Safety and Health Administration. -2UCTC 21179 WHEREFORE, the Respondent respectfully requests that this Complaint be dismissed in its entirety. Dated: May 5, 1980 Chief Labor Law Counsel' Union Carbide Corporation 270 Park Avenue New York, New York 10017 212-551-6797 r Labor Attorney Union Carbide Corporation 270 Park Avenue New York, New York 10017 212-551-3877 To: Executive Secretary Occupational Safety and Health Review Commission 1825 K Street, N.W. Washington, D.C. 20006 CERTIFIED MAIL NO. 1240064 James E. White Regional Solicitor U.S. Department of Labor 555 Griffin Square Building, Rm. 501 Griffin & Young Streets Dallas, Texas 75202 Attn: Fredd J. Haas CERTIFIED MAIL NO. 1240065 UCTC21180 -3- CERTIFICATE OF SERVICE I, John W. Whittlesey, do hereby certify that on this fifth day of May 1980, I timely served by first-class mail (Certified - Return Receipt Requested) the one (1) original of the foregoing Answer and Affirmative Defenses properly addressed to: Executive Secretary Occupational Safety and Health Review Commission 1825 K Street, N.W. Washington, D.C. 20006 CERTIFIED MAIL NO. 1240064 and one (1) true copy properly addressed to: James E. White Regional Solicitor U.S.Department of Labor 555 Griffin Square Building, Rm. 501 Griffin & Young Streets Dallas, Texas 75202 Attn: Fredd J. Haas CERTIFIED MAIL NO. 1240065 tr UCTC 21181