SECRETARY OF LABOR, Complainant, v. CORNET FROSTED FOODS & ICE CREAM CORPORATION. Respondent. OSHRC Docket No. 91-3305 *DIRECTION FOR REVIEW AND REMAND ORDER** * The Secretary has filed a petition for review in which she asks that the Commission direct for review the order of Chief Administrative Law Judge Irving Sommer, approving the settlement agreement in this case. She requests that the Commission remand the case to Judge Sommer in order that the parties, who inadvertently omitted an item from the settlement, may execute an amended settlement agreement and submit it to the judge. The Secretary represents that the Respondent joins in the petition. Accordingly, we hereby direct this case for review and remand it to Chief Judge Sommer in order that the parties may execute an amended settlement agreement and submit it to him. Edwin G. Foulke, Jr. Chairman Donald G. Wiseman Commissioner Dated: March 16, 1992 ------------------------------------------------------------------------ LYNN MARTIN, SECRETARY OF LABOR Complainant v. CORONET FROSTED FOODS & ICE CREAM, CORP., Respondent OSHRC Docket No. 91-3305 ** *SECRETARY'S PETITION FOR DISCRETIONARY REVIEW * Complainant, the Secretary of Labor, moves for an order directing the case for review and remanding to Chief Judge Sommer in order that an amended settlement agreement may be executed and submitted. As grounds for this motion the Secretary states as follows: 1. Following respondent's timely contest, the case was docketed by the Commission as No. 91-3305. 2. A settlement agreement resolving all issues raised by the contest was subsequently reached between the parties. 3. In reducing the settlement to writing one item was inadvertently omitted. The omission was detected by neither party prior to submission of the agreement to Judge Sommer. 4. On February 11, 1992, Judge Sommer issued his order approving the agreement. The settlement approved by the judge was erroneous in that it omitted an item upon which agreement had been reached. 5. The Judge's order was docketed by the Executive Secretary on February 13,1992, and will become a final order on March 16,1992 unless directed for review 6. Respondent joins in this petition. 7. There is no authorized representative of employees, and no employee has elected party status. For the above reasons, and because the settlement as approved by the Judge does not fully reflect the intent of the parties, we respectfully request direction of the case and remand to Judge Sommer. Respectfully submitted, MARSHALL J. BREGER Solicitor CYNTHIA L. ATTWOOD Associate Solicitor for Occupational Safety and Health DONALD G. SHALHOUB Deputy Associate Solicitor for Occupational Safety and Health DANIEL J. MICK Counsel for Regional Trial Litigation SECRETARY OF LABOR, Complainant, v. CORNET FROSTED FOODS & ICE CREAM CORPORATION. Respondent. OSHRC Docket No. 91-3305* * *ORDER APPROVING SETTLEMENT * Respondent in OSHRC Docket No. 91-3305, by a letter dated November 21, 1991 contested the citations issued to it by Complainant on October 29, 1991. In that letter, Respondent also contested the penalties proposed by Complainant for the citations. An executed Stipulated Settlement has been received from the parties, and this stipulation addresses all matters at issue between the parties in this proceeding. The stipulation having been read and considered it is ORDERED: (1) That the terms of the Stipulated Settlement are approved and incorporated as part of this Order; and (2) That this order, pursuant to Section 12(j) of the Act, 29 U.S.C. {sec} 661(j), will become the final order of the Commission at the expiration of 30 days from the date of docketing by the Executive Secretary, unless within that time a member of the Commission directs that it be reviewed. Dated this 11th day of February,1992. SO ORDERED: Judge, Occupational Safety & Health Review Commission * *LYNN MARTIN, SECRETARY OF LABOR Complainant v. CORONET FROSTED FOODS & ICE CREAM, CORP., Respondent OSHRC Docket No. 91-3305 *STIPULATED SETTLEMENT * MARSHALL J. BREGER Solicitor of Labor PATRICIA M. RODENHAUSEN Regional Solicitor LUIS A. MICHELI Attorney U.S. Department of Labor Attorneys for LYNN MARTIN, Secretary of Labor, Complainant SECRETARY OF LABOR, Complainant, v. CORNET FROSTED FOODS & ICE CREAM CORPORATION. Respondent. OSHRC Docket No. 91-3305 Based upon the following recital, the Secretary and the Respondent herein agree to the following as a conclusion of this matter: 1) The Secretary hereby amends the proposed penalty to reflect a proposed penalty of $3,000.00, assessed as follows: CITATION NO, ITEM ORIGINAL PROPOSED PENALTY AMENDED PROPOSED PENALTY 1 1 $ 750 $ 350 1 2 750 350 1 3 1,250 600 1 4 1,000 500 1 6 1,000 500 1 7 1,000 500 2 1 500 200 Total $7,000 $3,000 2) Based upon the above, the Respondent herein withdraws its notice of contest as to the citation and proposed penalty as modified. 3) Respondent affirmatively states that : a) The violations alleged in the citations have been abated. b) It will comply in the future with the Occupational safety and Health Act. 4) Respondent certifies that on January 22,1992 this stipulation will be posted where affected employees may see it. 5) it will pay the amended proposed penalty of $3,000.00 by forwarding a check made payable to "Occupational Safety and Health Administration - Labor" in that amount to the Occupational Safety and Health Administration Office located at U.S. Department of Labor, Occupational Safety and Health Administration, 990 Westbury Road, Westbury, New York 11590. 6) Each party hereby agrees to bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding. DATED: January 29,1992 New York, New York MARSHALL J.BREGER Solicitor of Labor PATRICIA M. RODENHAUSEN Regional Solicitor BY: LUIS A. MICHELI Attorney U.S. Department of Labor Attorneys for: * *LYNN MARTIN, SECRETARY OF LABOR Complainant v. CORONET FROSTED FOODS & ICE CREAM, CORP., Respondent BY: JOSEPH C. GRECO, JR Comptroller