SECRETARY OF LABOR,

	

 

Complainant,

	

 

v.

	

OSHRC Docket Nos. 06-1786, 06-1787 & 06-1788

CLIFFHANGERS, INC.,

	

 

Respondent.

	

 

 

 

APPEARANCES:

Constance B. Franklin, Attorney; Frank V. McDermott, Jr., Regional
Solicitor; Howard M. Radzely, Solicitor; U.S. Department of Labor,
Washington, DC                   

 

For the Complainant

 

Patrick West, /pro se/, President, Cliffhangers, Inc., Boston, MA
                

 

For the Respondent

 

REMAND ORDER

 

Before: THOMPSON, Chairman; ROGERS, Commissioner.

 

BY THE COMMISSION:

 

           In an order dated May 29, 2007, Chief Administrative Law
Judge Irving Sommer entered a default judgment against Cliffhangers,
Inc., in these three cases. The Secretary has now filed an unopposed
petition for discretionary review asking that the Commission vacate the
judge’s default decision and affirm a settlement agreement signed by the
parties that “affirms all violations exactly as issued and amends only
the penalty assessments.” Chairman Horace A. Thompson III directed the
cases for review on June 27, 2007.

 Consistent with the Commission’s policy of encouraging settlement at
any stage of the proceedings,/see/ Commission Rule of Procedure 100(a),
29 C.F.R. § 2200.100(a), we now set aside the judge’s default order, and
remand the cases to the judge for consideration of the settlement
agreement.

 

SO ORDERED.

 

 

/s/

Horace A. Thompson III

Chairman

 

 

/s/

Thomasina V. Rogers

Dated: July, 2 2007
                                             Commissioner