________________________________________
SECRETARY OF LABOR,
	Complainant,
	v.    					OSHRC Docket No. 00-0954
NORTHWEST AIRLINES, INC.,
	Respondent.
________________________________________

/*ORDER*/

Before: ROGERS, Chairman; and EISENBREY, Commissioner.

BY THE COMMISSION:

    On February 6, 2001, the Executive Secretary received a copy of a
    letter submitted by

the AFL-CIO, Air Transport District 143, International Association of
Machinists and Aerospace Workers, ("the Union"), to Judge Stephen J.
Simko, Jr., objecting to the judge's December 8, 2000, order approving a
settlement agreement between the Secretary and Northwest Airlines, Inc.
("Northwest").^(1) <#N_1_> On February 9, 2001, the Executive Secretary
received a second objection letter directly from the Union, in which the
Union noted that the judge had not ruled or responded to the first
objection letter.

    In both objection letters, the Union claims that it had requested
    party status in this

case, but did not receive notification of the proposed settlement and
was not given an opportunity for input prior to the settlement
agreement's approval.^(2) <#N_2_> Therefore, the Union seeks to have the
judge's approval order "vacated." Since the Union's letters were
received by the Executive Secretary after the judge's order had already
become final, any relief from that order can only be granted under
Federal Rule of Civil Procedure 60(b). Accordingly, we refer the matter
to the judge to decide what relief, if any, is appropriate under Rule
60(b).

_/s/ _

Thomasina V. Rogers

Chairman

_/s/ _

Ross Eisenbrey

Commissioner

Dated: _March 5, 2001 _

1. Judge Simko's order became a final order of the Commission on January
17, 2001.

2. According to the documentation filed with its letters, the Union's
request for party status was sent to the OSHA Area Office in Columbus,
Ohio, not to the judge. Under the Commission's procedural rules, a
request for party status must be filed with either the Executive
Secretary, if the case has yet to be assigned to a judge, or the judge,
if the case has already been assigned. See Commission Rules of Procedure
8(b) and 20(a). Here, the Union's request should have been filed with
the judge, who was assigned the case on June 6, 2000.