“Docket No. 83-1171 SECRETARY OF LABOR, Complainant, v. CERRO COPPER PRODUCTS COMPANY, Respondent.OSHRC Docket No. 83-1171DECISIONBefore:\u00a0 BUCKLEY, Chairman; RADER and WALL,Commissioners. BY THE COMMISSION:The United States Court of Appeals for the SeventhCircuit has reversed those portions of the orders issued on April 16, 1984, and October31, 1984, by former Commission Administrative Law Judge Paul E. Dixon suppressing theevidence gathered pursuant to two inspection warrants obtained by the Secretary ofLabor.\u00a0 Secretary of Labor v. Cerro Copper Products Co., No. 85-1033 (7th Cir.April 22, 1986)(unpublished order).\u00a0 The court remanded the case to the Commission\”with directions to approve the safety and health inspection warrants.\”\u00a0Accordingly, the portions of the aforementioned orders invalidating the Secretary’swarrants and suppressing evidence are vacated.\u00a0 The case is remanded to the ChiefJudge for further proceedings on the merits of the citation items vacated as a result ofJudge Dixon’s orders suppressing the evidence gathered under the warrants.FOR THE COMMISSIONRay H. Darling, Jr.Executive Secretary DATED:\u00a0 August 8, 1986 SECRETARY OF LABOR, Complainant v. CERRO COPPER PRODUCTS COMPANY, A CORP., RespondentOSHRC DOCKET 83-1171ORDER ON PARTIAL SETTLEMENT AGREEMENTThe partial settlement agreement signed by theparties in the instant case and dated September 12, 1984, is approved and the motionscontained therein are granted; respondent’s motion to withdraw its notice of contest toitems 7, 9 and 10 of citation and notification of penalty number 1, as amended in thepartial settlement agreement, is granted.\u00a0 Pursuant to said partial settlementagreement, the following disposition of items 7, 9 and 10 of citation and notification ofpenalty number 1 is approved:1.\u00a0 Item 7 of citation number 1 for seriousviolations is hereby affirmed, along with the amended penalty of $100;2.\u00a0 Item 9 of citation number 1 for serious violations is hereby vacated,including the withdrawal of the proposed penalty of $320;3.\u00a0 Item 10 of citation number 1 for serious violations is hereby affirmed,along with the amended penalty of $160.Pursuant to the order suppressing evidence on April16, 1984, in the instant case, the remaining items of alleged violation contained incitation and notification of penalty numbers 1 and 2 are hereby vacated, along with therespective proposed penalties, for the reasons set forth in said order.Paul E. Dixon, Judge, OSHRCDATE:\u00a0 October 31, 1984”