DIRECTION FOR REVIEW AND REMAND ORDER

In an order dated April 3, 2006, Chief Administrative Law Judge Irving Sommer entered a default judgment against Baker Hi-Way Express, Inc. (“Baker”). After Baker filed a petition for discretionary review (“PDR”) and the Secretary filed her opposition to the PDR, the Secretary and Baker filed a copy of a signed settlement agreement, dated May 3, 2006, with the Commission. In the agreement, Baker certifies that the settlement agreement was mailed to union representatives and was served on employees in accordance with Commission Rules 7 and 100, 29 C.F.R. §§ 2200.7 and .100.

Accordingly, we direct this case for review, set aside the judge’s order, and remand the matter to the judge for consideration of the settlement agreement.

/s/__________________

W. Scott Railton

Chairman

/s/__________________

Thomasina V. Rogers

Dated: May 4, 2006                                                 Commissioner                     

ORDER

           On March 01, 2006 the undersigned issued an ORDER TO SHOW CAUSE to the Respondent as to why his Notice of Contest should not be dismissed for failure to file an answer to the complaint as required by the Commission Rules of Procedure. The Respondent failed to reply to the ORDER. His actions demonstrate either that he has abandoned the case or treats the Rules of Procedure of the Commission with disdain. This cannot be countenanced as it seriously impedes administration of justice.

           Accordingly, the Notice of Contest filed by the Respondent is dismissed. The Secretary’s citation(s) and proposed penalties are AFFIRMED in all respects.

                                                                                        /s/

                                                                                        IRVING SOMMER

                                                                                        Chief Judge

DATE: April, 3, 2006

           Washington, D.C.