SECRETARY OF LABOR,

	

 

                     Complainant,

	

 

                    v.

	

OSHRC Docket No. 02-1180

RED-HAWK CONSTRUCTION, INC.,

	

 

                   Respondent.

	

 



/DIRECTION FOR REVIEW AND ORDER/


           On March 20, 2003, the Chief Administrative Law Judge issued
an order approving the Stipulation and Joint Motion (original
stipulation) filed by the parties on February 26, 2003. Paragraph four
of the original stipulation states that the Respondent shall pay a total
penalty of $18,900.00.

           The Secretary has now filed a Motion to Amend Stipulation and
Joint Motion (motion to amend) together with the revised Stipulation and
Joint Motion (revised stipulation) stating that the penalty of
$18,900.00 shall be paid in eighteen monthly installments of $1,050.00
each. In her motion to amend the Secretary asks the Commission to file
the revised stipulation as a replacement for the original stipulation.

           The Commission directs this case for review and refers the
motion and revised stipulation to the Chief Administrative Law Judge for
further proceedings. So Ordered.

 

Date: April 24, 2003                                            /s/

                                                                             W.
Scott Railton

                                                                             Chairman



                                                                             /s/


                                                                             Thomasina
V. Rogers

                                                                             Commissioner



                                                                             /s/


                                                                             James
M. Stephens

                                                                             Commissioner



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


SECRETARY OF LABOR, 

	

 

                              Complainant,

	

 

                        v.

	

OSHRC Docket No. 02-1180

RED-HAWK CONSTRUCTION, INC.,

	

 

                               Respondent.

	

 




ORDER

 

           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 stipulation and Joint Motion between the parties filed on
February 26, 2003, has been considered. The parties certify that
affected employees were properly notified of the settlement on February
21, 2003. No objection to the settlement has been filed.

           The settlement is approved under 5 U.S.C. § 2200.100. The
terms of the Stipulation and Joint Motion are incorporated, in their
entirety, by reference in this order.

 



 

                                                                                                   /s/

                                                                                                   Irving
Sommer

                                                                                                   Chief
Judge, OSHRC

Dated: March 20, 2003