“Docket No. 86-0632 SECRETARY OF LABOR, Complainant, v.CONOCO, INC., Respondent.OSHRC DOCKET NO. 85-0632ORDER Because ten days have elapsed since a copy of the settlement agreement was served on therepresentative of the employee party and there has been no objection made, the Commissionaffirms Administrative Law Judge Goldstein’s order which approved the parties’ settlementagreement.FOR THE COMMISSION Ray H. Darling, Jr.Executive Secretary Dated: NOV 13, 1986SECRETARY OF LABOR,Complainant, v.CONOCO, INC.,Respondent,OSHRC DOCKET NO. 85-0632OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, Local 2-470, Authorized EmployeeRepresentative.ORDER The Settlement Agreement filed by the parties on August 1, 1986, is hereby approved.Sidney J. GoldsteinJudge, OSHRCDated: September 10, 1986WILLIAM E. BROCK, SECRETARY OF LABOR,UNITED STATES DEPARTMENT OF LABOR, Complainant, v.CONOCO INC.,Respondent.OSHRC DOCKET NO. 85-0632STIPULATION AND SETTLEMENT AGREEMENTWilliam E. Brock, Secretary of Labor, United States Department of Labor, hereinafterreferred to as the \”Secretary,\” and Conoco Inc., hereinafter referred to as the\”respondent,\” stipulate and agree as follows:1. Respondent hereby withdraws its notice of contest to items 1(a) and 2(a) of citationnumber 8. In support of its withdrawal, respondent states:(a) That the abatement of items 1(a) and 2(a) of citation number 8 has been accomplishedand agrees that the date of entry of record of this settlement proposal by the Commissionshall be the final abatement date for said items.(b) That a copy of this stipulation and settlement agreement was posted at respondent’sworkplace on August 1, 1986, at Mechanical Shop Bulletin Board, Conoco Refinery, Billings,Montana, and other bulletin boards at said refinery, where it may be viewed by its employees; that affected employees are represented by Oil,Chemical, and Atomic Workers International Union, (A.F.L.-C.I.O.), Local No. 2-470 and,that a copy of this stipulation and settlement agreement has been served on Dale Flack,Secretary, Union Local 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, this withdrawal ofNotice of Intent to Contest by Conoco Inc., or items number 1(a) and 2(a) of said citationnumber 8 in any way or as a basis for any subsequent proceeding against Conoco Inc. TheSecretary agrees that said citation items shall not form a basis or be utilized by theSecretary in any repeat, serious, willful or other violations or failure to abatecitations later assessed or asserted against Conoco Inc., in any similar subsequentproceedings. The Secretary agrees that for all precedential 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 a compromise of disputedclaims, and this withdrawal of Notice of Intent to Contest shall not be construed by theSecretary as an admission as to the validity of citation 8, items 1(a) and 2(a) by ConocoInc. The parties enter into this settlement agreement to avoid further litigation and buytheir peace with the understandings set forth herein.4. Conoco Inc. agrees to abide by all existing and valid rules and regulations of theSecretary pertaining to asbestos removal unless such rules and regulations are legallystayed in which case Conoco Inc., will agree to abide by the then existing valid rules andregulations.5. The Secretary and respondent agree that based on the foregoing representations ofrespondent, an order may be entered of record showing that respondent has withdrawn itsnotice of contest and entering the citation as a final order of the Commission.6. Further, each party hereby agrees to bear his or its own fees and other expensesincurred by such party in connection with any stage of this proceeding.Dated this 1st day of August, 1986. George R. SalemDeputy Solicitor of Labor Veeder, Broeder & Michelotti, P.C. Tedrick A. Housh, Jr.Regional SolicitorDavid A. VeederAttorneys for RespondentJaylynn K. FortneyDeputy Regional SolicitorAttorneys for William E. Brock, Secretary of Labor,U.S. Department of LaborRESPONDENT CONOCO INC.Robert Holtsmith, BillingsRefinery Manager”