SECRETARY OF LABOR,

Complainant,

v.

SAUER-SUNDSTRAND CORPORATION,

Respondent.

OSHRC Docket No. 89-0862

DIRECTION FOR REVIEW AND ORDER

The parties in the above-cited action entered into a Settlement Agreement dated May 9, 1990 which was received by the Commission's Atlanta office on May 11, 1990. On May 15, 1990, Administrative Law Judge Paul L. Brady issued an Order approving the said Settlement Agreement. That Order was docketed with the Commission on May 21, 1990. On May 23, 1990, Respondent filed a Motion for Relief from Clerical Mistakes.

Based on an examination of the official record, and pursuant to 29 U.S.C. 661(j) and Rule 92(a), 29 C.F.R. 2200.92(a), the aforementioned Order is directed for review.

In the Settlement Agreement, the parties withdraw other than Serious Citation 2, Items 1(a), (b) and (c), with the withdrawal of the said Items 1(b) and (c) conditioned upon certain actions which Respondent has taken or is in the process of taking. See Paragraphs I(a) and III(b). The aforesaid Judge's Order, however, states that Citation 2 is affirmed, without reference to the amendments agreed to by the parties. Accordingly, Respondent's Motion for Relief is granted and the order is modified to read as follows;

4. Citation No. 2, as amended, is hereby affirmed.

WHEREFORE, with the modification noted above, the Judge's Order approving the Settlement Agreement is affirmed.

Edwin G Foulke, Jr.
Chairman

Velma Montoya
Commissioner

Donald G. Wiseman
Commissioner

Dated: June 12, 1990


SECRETARY OF LABOR,

Complainant,

v.

SAUER-SUNDSTRAND CORPORATION,

Respondent.

OSHRC Docket No. 89-0862

MOTION FOR RELIEF FROM CLERICAL MISTAKES

NOW COMES the Respondent, SAUER-SUNDSTRAND CORPORATION, and respectfully requests that the Commission amend the order Approving Settlement (the "Order") as follows:

The Order provides that Citation No. 1 is affirmed. The parties agreed that Sub-Items 1 (a), (b), and (c) of Citation No. 2 would be withdrawn. Accordingly, the order should read that Citation No. 2, as amended, is hereby affirmed.

Respectfully submitted,

David L. Miller, One of the
attorneys for Respondent,
Sauer-Sundstrand Corporation

David L. Miller
KOVAR NELSON BRITTAIN SLEDZ & MORRIS


SECRETARY OF LABOR,

Complainant

v.

SUNSTRAND-SAUER CORPORATION,

Respondent.

OSHRC Docket No. 89-862

ORDER APPROVING SETTLEMENT

A settlement agreement was filed in this case which adequately resolves the issues pending before the Commission. The agreement provides for the amendment of the penalty proposed for Citation No. 1 and allows respondent to withdraw its notice of contest.

Respondent represents that the alleged violations have been abated; that it has paid the proposed penalty, as amended; and that it has conformed with the applicable posting and service requirements as fixed by the rules of the commission.

Therefore, it is ORDERED:

1. The agreement of the parties is hereby approved and incorporated as part of this order.

2.The notice of contest is hereby dismissed.

3. Citation No. 1 is affirmed and a penalty in the amount of $520.00 is hereby assessed.

4. Citation No. 2 is hereby affirmed.

Dated this 15th day of May, 1990.

PAUL L. BRADY
Judge