SECRETARY OF LABOR,
Complainant,

v.

CONOCO, INC.,
Respondent.

OSHRC DOCKET NO. 85-0632

_ORDER
_
Because ten days have elapsed since a copy of the settlement agreement
was served on the representative of the employee party and there has
been no objection made, the Commission affirms Administrative Law Judge
Goldstein's order which approved the parties' settlement agreement.

FOR THE COMMISSION
Ray H. Darling, Jr.
Executive Secretary

Dated: NOV 13, 1986

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

SECRETARY OF LABOR,
Complainant,

v.

CONOCO, INC.,
Respondent,

OSHRC DOCKET NO. 85-0632

OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, Local 2-470,
Authorized Employee
Representative.

ORDER

The Settlement Agreement filed by the parties on August 1, 1986, is
hereby approved.

Sidney J. Goldstein
Judge, OSHRC

Dated: September 10, 1986

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

WILLIAM E. BROCK,
SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR,
Complainant,

v.

CONOCO INC.,
Respondent.

OSHRC DOCKET NO. 85-0632

_STIPULATION AND SETTLEMENT AGREEMENT
_
William E. Brock, Secretary of Labor, United States Department of Labor,
hereinafter referred to as the "Secretary," and Conoco Inc., hereinafter
referred to as the "respondent," stipulate and agree as follows:

1. Respondent hereby withdraws its notice of contest to items 1(a) and
2(a) of citation number 8. In support of its withdrawal, respondent states:

(a) That the abatement of items 1(a) and 2(a) of citation number 8 has
been accomplished and agrees that the date of entry of record of this
settlement proposal by the Commission shall be the final abatement date
for said items.

(b) That a copy of this stipulation and settlement agreement was posted
at respondent's workplace on August 1, 1986, at Mechanical Shop Bulletin
Board, Conoco Refinery, Billings, Montana, and other bulletin boards at
said refinery,
where it may be viewed by its employees; that affected employees are
represented by Oil, Chemical, and Atomic Workers International Union,
(A.F.L.-C.I.O.), Local No. 2-470 and, that a copy of this stipulation
and settlement agreement has been served on Dale Flack, Secretary, Union
Local No. 2-470 Representative, by [personal delivery] this 1st day of
August,1986.

2. The Secretary agrees that he shall not use, or cause to be used, this
withdrawal of Notice of Intent to Contest by Conoco Inc., or items
number 1(a) and 2(a) of said citation number 8 in any way or as a basis
for any subsequent proceeding against Conoco Inc. The Secretary agrees
that said citation items shall not form a basis or be utilized by the
Secretary in any repeat, serious, willful or other violations or failure
to abate citations later assessed or asserted against Conoco Inc., in
any similar subsequent proceedings. The Secretary agrees that for all
precedential or administrative purposes, citation 8, items 1(a) and 2(a)
shall be considered a nullity.

3. It is understood and agreed that this settlement agreement is a
compromise of disputed claims, and this withdrawal of Notice of Intent
to Contest shall not be construed by the Secretary as an admission as to
the validity of citation 8, items 1(a) and 2(a) by Conoco Inc. The
parties enter into this settlement agreement to avoid further litigation
and buy their peace with the understandings set forth herein.

4. Conoco Inc. agrees to abide by all existing and valid rules and
regulations of the Secretary pertaining to asbestos removal unless such
rules and regulations are legally stayed in which case Conoco Inc., will
agree to abide by the then existing valid rules and regulations.

5. The Secretary and respondent agree that based on the foregoing
representations of respondent, an order may be entered of record showing
that respondent has withdrawn its notice of contest and entering the
citation as a final order of the Commission.

6. Further, each party hereby agrees to bear his or its own fees and
other expenses incurred by such party in connection with any stage of
this proceeding.
Dated this 1st day of August, 1986.

George R. Salem
Deputy Solicitor of Labor

Veeder, Broeder & Michelotti, P.C.

Tedrick A. Housh, Jr
.Regional Solicitor

David A. Veeder
Attorneys for Respondent

Jaylynn K. Fortney
Deputy Regional Solicitor


Attorneys for
William E. Brock,
Secretary of Labor,
U.S. Department of Labor

RESPONDENT
CONOCO INC.

Robert Holtsmith, Billings
Refinery Manager