*SECRETARY OF LABOR, *

*Complainant,*

*v.
                                                                                                                                                                        
WYMAN-GORDON COMPANY, *

*Respondent*

*UNITED STEELWORKERS OF AMERICA, LOCAL 2285,*

*Authorized Employee Representative.*

*OSHRC Docket No. 84-785*

*/DECISION /*

Before: FOULKE, Chairman; WISEMAN and MONTOYA, Commissioners.

BY THE COMMISSION:

This case is before the Commission pursuant to the "Order of Court"
issued by the United States Court of Appeals for the First Circuit on
June 9, 1992, remanding this case to the Commission "with directions to
vacate as moot, in accordance with the settlement agreement, that
portion of the December 20, 1991 decision from which an appeal was taken."

Pursuant to section 11(b) of the Occupational Safety and Health Act of
1970, 29 U.S.C. § 660(b), the Secretary petitioned the First Circuit for
review of the Commission's decision in this case, dated December 20,
1991. 15 BNA OSHC 1433, 1992 CCH OSHD ¶ 29,550 (No. 84-785, 1991). While
this case was on appeal before the court, the Secretary and Wyman-Gordon
Co. entered into a settlement agreement, a copy of which we have
received from the Secretary. In that agreement, Wyman-Gordon withdraws
its notice of contest to the citation insofar as it alleged violations
of 29 C.F.R. § 1910.20(e)(2)(i) concerning "Exhibits" 3A, 8C, and 11.
Those parts of the citation are thereby rendered a final order of the
Commission, under section 10(a) of the Act, 29 U.S.C. § 659(a).

In accordance with the mandate of the First Circuit, we "vacate as moot"
the dispositions in our decision vacating the citation insofar as it
alleged violations of section 1910.20(e)(2)(i) concerning "Exhibits" 3A,
8C, and 11. Except for these three specific dispositions, our decision
issued on December 20, 1991, remains undisturbed, in accordance with the
provisions of the settlement agreement entered into on appeal, and
constitutes Commission precedent.[[1]]

Dated: August 6, 1992

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*FOOTNOTES: *

[[1]] As we stated in our decision issued today in Contractors Welding
of Western New York Inc. (No. 88-1847), even though the disposition of
an issue may be moot, the analysis is still valid Commission precedent.
We emphasize that in this case only the dispositions vacating the
citation concerning "Exhibits" 3A, 3C, and 11 are no longer part of our
decision. The analysis common to those "Exhibits" and others in the case
remains Commission precedent.