United States of America OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 1120 20thStreet, N.W., Ninth Floor Washington, DC 20036-3457 SECRETARY OF LABOR, Complainant, v. OSHRC Docket No.16-1778 PERDUE FOODS,INC., Respondent. APPEARANCES: Karen E. Mock,Counsel;Stanley E. Keen,Regional Solicitor; M. Patricia Smith, Solicitor of Labor; U.S. Department of Labor, Washington, DC For the Complainant Raymond Perez,Jackson LewisP.C., Atlanta, GA For the Respondent REMAND ORDER Before: MacDOUGALL,ActingChairman;andATTWOOD,Commissioner. BY THE COMMISSION: Chief Administrative Law Judge Covette Rooneyissued a December 14, 2016OrderApprovingStipulatedSettlement Agreement betweenPerdue Foods,Inc.,and the Secretary.The partiesstatedin aninformal settlementagreementdatedOctober 13, 2016, thatCitation 1, Item 2 was excludedfrom the agreementasRespondentintended to contestit.See29 C.F.R. § 2200.100(b) (requiring that settlement agreement specify the terms for each contested item and “specify any contested item . . . that remains to be decided”). Although the informal settlement agreement did not fully resolve the case, the judge issued an order, and it was submitted for docketing and subsequently docketed on December 19, 2016, thereby commencing the thirty-day period before “[t]he report of the administrative law judge . . . become[s] the final order of the Commission.”29 U.S.C. § 661(j) (“The report of the administrative law judge shall become thefinal order of the Commission within thirty days after such report by the administrative law judge, unless within such period any Commission member has directed that such report shall be reviewed by the Commission.”); 29 C.F.R. § 2200.90(b)(2) (“Promptly upon receipt of the Judge’s report, the Executive Secretary shall docket the report and notify all parties of the docketing date.”). On January 11, 2017,within the thirty-day period under section 12(j) of theOccupational Safety and HealthAct, 29 U.S.C. § 661(j),each party filed an unopposedmotionwith the Commission: theSecretary filed an Unopposed Motion to Remand, andRespondent filed an Unopposed Motion to Allow Late Answer and an Answer to Complaint. Because the judge’s order did not fully resolve the case, weremandittothe judgeforfurtherconsideration ofthese pending matters. SO ORDERED. /s/ Heather L. MacDougall ActingChairman /s/ Cynthia L. Attwood Dated: January 25, 2017 Commissioner ____________________________________________________________________________ United States of America OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION SECRETARY OF LABOR, Complainant, v. OSHRC DOCKET NO.16-1778 PERDUE FOODS, INC., Respondent. ORDER APPROVING STIPULATED SETTLEMENT The Commission has jurisdiction over the subject matter of the case and over the parties by virtue of the filing of a timely notice of contest. The stipulated settlement between the parties filed on10/13/16has been considered. The parties certify that affected employees were properly notified of the settlement on10/19/16.No objection to the settlement has been filed. The settlement is approved under 5 U.S.C. § 554(c)(1) and Commission Rule 100.1 <#ftn1>The terms of the stipulated settlement are incorporated, in their entirety, by reference in this order. /s/ COVETTE ROONEY Chief Judge, OSHRC Dated: December 14, 2016 Washington, D.C. ------------------------------------------------------------------------ " <#ftnref-1> <#ftnref0> 1 <#ftnref1>Rules of Procedure of the Occupational Safety and Health Review Commission, 29 C.F.R. §§ 2200.1-.212 (1991).