________________________________
                                :
SECRETARY OF LABOR,             :
                                :
          Complainant,          :
                                :
          v.                    :   OSHRC Docket No.  99-1546
                                :
CLEVELAND STEEL CONTAINER CORP.,:
                                :
          Respondent            :
________________________________:

Appearances:

   Kevin Koplin, Esquire
    Chicago, Illinois
    For the Complainant.

   James D. Dykes
    Colorado Springs, Colorado
    For the Respondent.

Before: Chief Judge Irving Sommer

*/DECISION AND ORDER/*

This proceeding is before the Occupational Safety and Health Review
Commission ("the Commission") pursuant to section 10(c) of the
Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 /et seq./
("the Act"). The Occupational Safety and Health Administration ("OSHA")
conducted an inspection of Respondent's facility in Peotone, Illinois in
July of 1999. As a result of the inspection, OSHA issued Respondent a
citation and notification of penalty. After an informal settlement
conference held on July 29, 1999, an official of OSHA and an official of
Respondent signed an informal settlement agreement resolving the
citation.[1] However, on August 4, 1999, Respondent notified both OSHA
and the Commission in writing that it wished to rescind the settlement
agreement and that it was contesting the citation and notification of
penalty, and on August 5, 1999, Respondent filed its motion to rescind
the settlement agreement. On September 7, 1999, the Secretary filed her
response, in which she objected to the motion to rescind and moved to
dismiss Respondent's notice of contest.[2] The case was assigned to the
undersigned, and on December 16, 1999, a hearing was held in Chicago,
Illinois, for the sole purpose of deciding whether Respondent's motion
to rescind should be granted.

*_/Discussion/_*

At the conclusion of the hearing, the parties were afforded the
opportunity to file post-hearing briefs setting out their respective
positions in this matter. However, prior to the due date for filing its
brief, Respondent on February 5, 2000, filed a motion to withdraw its
motion to rescind. The Secretary has filed no response to the motion.
Respondent's motion to withdraw is accordingly GRANTED, and its notice
of contest is DISMISSED.

So ORDERED.

 

________________________
Irving Sommer
Chief Judge

Date: 9 MAR 2000

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

[1] Although the settlement agreement is dated July 13, 1999, testimony
adduced at the hearing in this matter established that C-1, the
agreement, was actually executed on July 29, 1999.

[2] The Secretary filed her complaint on August 30, 1999, and Respondent
filed its answer on September 1, 1999.

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