SECRETARY OF LABOR

Complainant,

v.

MESQUITE CONSTRUCTION, INC.,

Respondent.

Docket Nos. 92-0203 & 92-0317

DIRECTION FOR REVIEW AND REMAND ORDER

On April 1, 1992, the Chief Administrative Law Judge consolidated the above referenced cases. On June 9, 1992, the parties filed a Settlement Agreement captioned with Docket No. 92-0203. The parties did not file a motion to sever Docket No. 92-0203 from Docket No. 92-0317 under Commission Rule 11, 29 C.F.R. § 2200.11.

The administrative law judge approved the Settlement Agreement and entered a "Final Order" captioned with both docket numbers as consolidated cases. Thereafter, the Executive Secretary issued a Notice of Docketing stating that the Report of the administrative law judge, also captioned with both docket numbers, would become a Final Order of the Commission on August 10, 1992, unless directed for review. By letter filed July 14, 1992, the Secretary has informed the Commission that Docket No. 92-0317 is still under litigation.

The Commission has reviewed the records of both cases and finds that the parties did not intend Docket No. 92-0317 to be included in the terms of their settlement agreement. The Commission also finds that due to clerical error Docket Number 92-0317 was included in the captions of the "Final Order" issued by the administrative law judge and the Not of Docketing issued by the Executive Secretary.

Accordingly, the Commission directs these cases for review pursuant to section 12(j) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 661(j). The Commission severs Docket Number 92-0317 from Docket Number 92-0203, and strikes Docket Number 92-0317 from the administrative law judge's "Final Order" and the Executive Secretary's Notice of Docketing. Docket Number 92-0317 is remanded to the administrative law judge for further proceedings. Docket No. 91-0203 will become a final order of the Commission on August 10, 1992, as stated in the Executive Secretary's Notice of Docketing.

Edwin G. Foulke, Jr.

Chairman

Donald G. Wiseman

Commissioner

Velma Montoya

Commissioner

Dated August 10, 1992


July 14, 1992

Ray H. Darling, Jr.

Executive Secretary                                                                                                                               OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

RE: Secretary of labor v. Mesquite Construction, Inc. Region IX Docket No. 92-0203 and 92-0317

Dear, Mr. Darling:

Please be advised that a clerical error has been made in the Final Order issued July 2, 1992 regarding the above-referenced cases.  A Settlement Agreement, a copy of which is attached hereto, was indeed executed by the parties and filed, but only regarding Docket No. 32-0203.  The case represented by Docket No.   92-0317 was not a part of that Settlement Agreement, and is still being actively litigated.

If you have any questions regarding this matter, please do not hesitate to telephone the undersigned.  Otherwise, kindly amend the Final Order to refer to Docket No. 92-0203 only.  Thank you for your assistance and corporation in the matter. 

Very Truly yours,

Daniel W. Teehan                                                                                                                                                             Regional Solicitor

By: Jan M Coplick                                                                                                                                                              Attorney

Enclosure: a/s

cc: Anthony Giammarco Esq.

 


SECRETARY OF LABOR,

Complainant,

v.   

MESQUITE CONSTRUCTION, INC.,

Respondent.

OSHRC Docket Nos. 92-0203 and 92-0317 (CONSOLIDATED)

FINAL ORDER

The parties have filed a Settlement Agreement in this matter. The content of that agreement is incorporated by reference in this order.

The Settlement Agreement is hereby approved and shall be deemed a final order of the Commission.
It is SO ORDERED.

R. Loye

Judge, OSHRC

Dated: July 2, 1992