SECRETARY OF LABOR,

	

 

Complainant,

	

 

v.

	

OSHRC Docket No. 06-0039

BAKER HI-WAY EXPRESS, INC.,

	

 

Respondent.

	

 

 

 

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                     

 

 

 

 

 

 

 

 

------------------------------------------------------------------------
 

 

 

Secretary of Labor,

	

  

                 Complainant,

	

 

                V.

	

  OSHRC DOCKET NO. 06-0039

BAKER HI-WAY EXPRESS, INC.

	

 

                  Respondent.

	

 

 

 

 

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.