UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION



SECRETARY OF LABOR,

 

                                             Complainant,

 

                         v.

OSHRC DOCKET NO. 15

PUGET SOUND POWER & LIGHT CO.,

 

                                              Respondent.

 


ORDER OF REMAND

 

January 28, 1972

Before MORAN, Chairman; VAN NAMEE and BURCH, Commissioners

BURCH, COMMISSIONER:

This matter is before the Review Commission pursuant to a Direction for Review which I issued on November 23, 1971.

Respondent and the Secretary through their respective counsel had entered into a stipulated withdrawal. The Hearing Examiner issued an order approving such disposition.

By the terms of the stipulation the parties agreed, inter alia, that this case embraced legitimate issues of law and fact including the amount, if any, of the proposed penalty. Respondent agreed to withdraw its notice of contest and pay the agreed sum of $550 ‘in lieu of’ the proposed penalty of $600. Respondent’s agreement to settlement of this dispute was not deemed to be an admission or adjudication of the violation charged and the settlement and consequent disposition of this case was not to be considered an adjudication of a violation of the Act.

Pursuant to the Commission’s invitation (issued subsequent to the Commission’s Direction for Review) Respondent submitted a ‘Memorandum of Undisputed Facts and Points and Authorities in Support of Examiner’s Decision’ and the Secretary submitted a ‘Petition for Remand.’

Having reviewed the record in this case, including the representations and arguments of the Respondent and the Secretary, it is apparent that a hearing is appropriate.

The Commission subscribes to the principle that settlements are to be encouraged. However, the issues raised in Respondent’s memorandum make the disposition of this case by settlement at this time inappropriate. The misunderstanding that arose between the parties concerning the interpretation of the stipulated agreement persuades the Commission to grant the Secretary’s motion, and it is therefore ORDERED that the Hearing Examiner’s recommended decision and order be set aside and this case be remanded to a Hearing Examiner for further proceedings not inconsistent with this order.

 



 

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION



SECRETARY OF LABOR,

 

                                             Complainant,

 

                         v.

OSHRC DOCKET NO. 15

PUGET SOUND POWER & LIGHT CO.,

 

                                              Respondent.

 

 

November 12, 1971

WISE, JUDGE, OSAHRC:

The parties, through their respective counsel, hereby agree and stipulate as follows:

I. On July 9, 1971, a citation was issued by the Director of the Occupational Safety and Health Administration of the Department of Labor to Puget Sound Power & Light Company (the ‘Company’) alleging a violation of Section 5(a)(1) of the Occupational Safety and Health Act of 1970 (the ‘Act’) and a proposed penalty in the amount of $600 was assessed on July 12, 1971.

II. The Company filed a notice of intent to contest this citation, and requested a hearing before the Occupational Safety and Health Review Commission, on the ground that the citation has no legal or factual foundation and that no penalty should be imposed.

            III. The parties agree that this is a disputed matter with legitimate issues of law and fact on both sides including the amount, if any, of the proposed penalty.

IV. The parties have agreed to settle this action by the Company withdrawing its notice of intent to contest the citation, which shall remain outstanding, and paying the agreed sum of $550 in lieu of the proposed penalty of $600.

V. The Company’s action in settling this dispute is no admission or adjudication of a violation of Section 5(a) of the Act, and this settlement and consequent disposition of this action will not be considered to be an adjudication of a violation of the Act for any purpose whatsoever.

VI. This settlement promotes and is consistent with the provisions of the Act, and the Commission may enter an order consistent with its terms.

ORDER

It is ORDERED that the foregoing stipulation is consistent with the provisions of the Act and it shall be accepted and adopted by the Commission. Further, it shall be deemed the final order of the Commission and not subject to review by any court or agency within the meaning of Section 10(a) of the Act, and that no cost shall be assessed.