SECRETARY OF LABOR,

	

 

           Complainant,

	

 

                 v.

	

Docket No. 03-0029

NAVILLUS TILE, INC.,

	

 

            Respondent

	

 


Appearances:

                 Mychelle Morgan, Esq.                      Mr. Keith B.
Dague

                             For the Secretary
                            For the Respondent


Before: Chief Judge Irving Sommer


DECISION AND ORDER


            This is a proceeding under Section 10(c) of the Occupational
Safety and Health Act of 1970, 29 U.S.C. 651 et seq.(the Act) to review
citations issued by the Secretary of Labor pursuant to Section 9(a) of
the Act, and the proposed assessment of penalties therein issued, under
Section 10(a) of the Act.

            Following an inspection of respondent's business site in New
York, N.Y., the Secretary of Labor issued two citations charging serious
and repeat violations of the standards. The Respondent timely contested
the citations. Following the filing of a complaint and answer and
pursuant to a notice of hearing, the case came on to be heard in New
York, N.Y. on June 4, 2003. No jurisdictional issues are in dispute, the
parties having pleaded sufficient facts to establish that the Respondent
is subject to the Act and the Commission has jurisdiction of the parties
and the subject matter.

 

 

 

DISCUSSION

            At the hearing, the parties were able to achieve a
settlement through the diligent efforts of their designated
representatives and with the assistance of the Court. The settlement,
which has now been reduced to a written stipulated settlement and has
been signed by both parties, disposes of this matter in its entirety.

ORDER

            The terms and conditions of the stipulated settlement,
incorporated herein its entirety, are approved.

                                                                                    /s/                                                        

                                                                                    IRVING
SOMMER

                                                                                    Chief
Judge

DATED: August 1, 2003

                        Washington, D.C.