“SECRETARY OF LABOR,Complainant,v.CONOCO, INC.,Respondent.OSHRC DOCKET NO. 85-0632_ORDER_Because ten days have elapsed since a copy of the settlement agreementwas served on the representative of the employee party and there hasbeen no objection made, the Commission affirms Administrative Law JudgeGoldstein’s order which approved the parties’ settlement agreement.FOR THE COMMISSIONRay H. Darling, Jr.Executive SecretaryDated: NOV 13, 1986————————————————————————SECRETARY OF LABOR,Complainant,v.CONOCO, INC.,Respondent,OSHRC DOCKET NO. 85-0632OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, Local 2-470,Authorized EmployeeRepresentative.ORDERThe Settlement Agreement filed by the parties on August 1, 1986, ishereby approved.Sidney J. GoldsteinJudge, OSHRCDated: September 10, 1986————————————————————————WILLIAM E. BROCK,SECRETARY OF LABOR,UNITED STATES DEPARTMENT OF LABOR,Complainant,v.CONOCO INC.,Respondent.OSHRC DOCKET NO. 85-0632_STIPULATION AND SETTLEMENT AGREEMENT_William E. Brock, Secretary of Labor, United States Department of Labor,hereinafter referred to as the \”Secretary,\” and Conoco Inc., hereinafterreferred to as the \”respondent,\” stipulate and agree as follows:1. Respondent hereby withdraws its notice of contest to items 1(a) and2(a) of citation number 8. In support of its withdrawal, respondent states:(a) That the abatement of items 1(a) and 2(a) of citation number 8 hasbeen accomplished and agrees that the date of entry of record of thissettlement proposal by the Commission shall be the final abatement datefor said items.(b) That a copy of this stipulation and settlement agreement was postedat respondent’s workplace on August 1, 1986, at Mechanical Shop BulletinBoard, Conoco Refinery, Billings, Montana, and other bulletin boards atsaid refinery,where it may be viewed by its employees; that affected employees arerepresented by Oil, Chemical, and Atomic Workers International Union,(A.F.L.-C.I.O.), Local No. 2-470 and, that a copy of this stipulationand settlement agreement has been served on Dale Flack, Secretary, UnionLocal No. 2-470 Representative, by [personal delivery] this 1st day ofAugust,1986.2. The Secretary agrees that he shall not use, or cause to be used, thiswithdrawal of Notice of Intent to Contest by Conoco Inc., or itemsnumber 1(a) and 2(a) of said citation number 8 in any way or as a basisfor any subsequent proceeding against Conoco Inc. The Secretary agreesthat said citation items shall not form a basis or be utilized by theSecretary in any repeat, serious, willful or other violations or failureto abate citations later assessed or asserted against Conoco Inc., inany similar subsequent proceedings. The Secretary agrees that for allprecedential or administrative purposes, citation 8, items 1(a) and 2(a)shall be considered a nullity.3. It is understood and agreed that this settlement agreement is acompromise of disputed claims, and this withdrawal of Notice of Intentto Contest shall not be construed by the Secretary as an admission as tothe validity of citation 8, items 1(a) and 2(a) by Conoco Inc. Theparties enter into this settlement agreement to avoid further litigationand buy their peace with the understandings set forth herein.4. Conoco Inc. agrees to abide by all existing and valid rules andregulations of the Secretary pertaining to asbestos removal unless suchrules and regulations are legally stayed in which case Conoco Inc., willagree to abide by the then existing valid rules and regulations.5. The Secretary and respondent agree that based on the foregoingrepresentations of respondent, an order may be entered of record showingthat respondent has withdrawn its notice of contest and entering thecitation as a final order of the Commission.6. Further, each party hereby agrees to bear his or its own fees andother expenses incurred by such party in connection with any stage ofthis proceeding.Dated this 1st day of August, 1986.George R. SalemDeputy Solicitor of LaborVeeder, Broeder & Michelotti, P.C.Tedrick A. Housh, Jr.Regional SolicitorDavid A. VeederAttorneys for RespondentJaylynn K. FortneyDeputy Regional SolicitorAttorneys forWilliam E. Brock,Secretary of Labor,U.S. Department of LaborRESPONDENTCONOCO INC.Robert Holtsmith, BillingsRefinery Manager”