“SECRETARY OF LABOR, Complainant, v. CORNET FROSTED FOODS & ICE CREAM CORPORATION. Respondent.OSHRC Docket No. 91-3305*DIRECTION FOR REVIEW AND REMAND ORDER***The Secretary has filed a petition for review in which she asks that theCommission direct for review the order of Chief Administrative Law JudgeIrving Sommer, approving the settlement agreement in this case. Sherequests that the Commission remand the case to Judge Sommer in orderthat the parties, who inadvertently omitted an item from the settlement,may execute an amended settlement agreement and submit it to the judge.The Secretary represents that the Respondent joins in the petition.Accordingly, we hereby direct this case for review and remand it toChief Judge Sommer in order that the parties may execute an amendedsettlement agreement and submit it to him.Edwin G. Foulke, Jr. ChairmanDonald G. Wiseman CommissionerDated: March 16, 1992————————————————————————LYNN MARTIN, SECRETARY OF LABOR Complainant v. CORONET FROSTED FOODS & ICE CREAM, CORP., RespondentOSHRC Docket No. 91-3305***SECRETARY’S PETITION FOR DISCRETIONARY REVIEW*Complainant, the Secretary of Labor, moves for an order directing thecase for review and remanding to Chief Judge Sommer in order that anamended settlement agreement may be executed and submitted. As groundsfor this motion the Secretary states as follows:1. Following respondent’s timely contest, the case was docketed by theCommission as No. 91-3305.2. A settlement agreement resolving all issues raised by the contest wassubsequently reached between the parties.3. In reducing the settlement to writing one item was inadvertentlyomitted. The omission was detected by neither party prior to submissionof the agreement to Judge Sommer.4. On February 11, 1992, Judge Sommer issued his order approving theagreement. The settlement approved by the judge was erroneous in that itomitted an item upon which agreement had been reached.5. The Judge’s order was docketed by the Executive Secretary on February13,1992, and will become a final order on March 16,1992 unless directedfor review6. Respondent joins in this petition.7. There is no authorized representative of employees, and no employeehas elected party status.For the above reasons, and because the settlement as approved by theJudge does not fully reflect the intent of the parties, we respectfullyrequest direction of the case and remand to Judge Sommer.Respectfully submitted,MARSHALL J. BREGER SolicitorCYNTHIA L. ATTWOODAssociate Solicitor for Occupational Safety and HealthDONALD G. SHALHOUBDeputy Associate Solicitor for Occupational Safety and HealthDANIEL J. MICKCounsel for RegionalTrial LitigationSECRETARY OF LABOR, Complainant, v. CORNET FROSTED FOODS & ICE CREAM CORPORATION. Respondent.OSHRC Docket No. 91-3305***ORDER APPROVING SETTLEMENT*Respondent in OSHRC Docket No. 91-3305, by a letter dated November 21,1991 contested the citations issued to it by Complainant on October 29,1991. In that letter, Respondent also contested the penalties proposedby Complainant for the citations.An executed Stipulated Settlement has been received from the parties,and this stipulation addresses all matters at issue between the partiesin this proceeding. The stipulation having been read and considered it isORDERED: (1) That the terms of the Stipulated Settlement are approvedand incorporated as part of this Order; and(2) That this order, pursuant to Section 12(j) of the Act, 29 U.S.C.{sec} 661(j), will become the final order of the Commission at theexpiration of 30 days from the date of docketing by the ExecutiveSecretary, unless within that time a member of the Commission directsthat it be reviewed.Dated this 11th day of February,1992.SO ORDERED:Judge, Occupational Safety & Health Review Commission**LYNN MARTIN, SECRETARY OF LABOR Complainant v. CORONET FROSTED FOODS & ICE CREAM, CORP., RespondentOSHRC Docket No. 91-3305*STIPULATED SETTLEMENT*MARSHALL J. BREGER Solicitor of LaborPATRICIA M. RODENHAUSEN Regional SolicitorLUIS A. MICHELIAttorneyU.S. Department of LaborAttorneys forLYNN MARTIN,Secretary of Labor, ComplainantSECRETARY OF LABOR, Complainant, v. CORNET FROSTED FOODS & ICE CREAM CORPORATION. Respondent.OSHRC Docket No. 91-3305Based upon the following recital, the Secretary and the Respondentherein agree to the following as a conclusion of this matter:1) The Secretary hereby amends the proposed penalty to reflect aproposed penalty of $3,000.00, assessed as follows:CITATION NO, \tITEM \tORIGINALPROPOSEDPENALTY \tAMENDEDPROPOSEDPENALTY1 \t1 \t$ 750 \t$ 3501 \t2 \t750 \t3501 \t3 \t1,250 \t6001 \t4 \t1,000 \t5001 \t6 \t1,000 \t5001 \t7 \t1,000 \t5002 \t1 \t500 \t200Total \t\t$7,000 \t$3,0002) Based upon the above, the Respondent herein withdraws its notice ofcontest as to the citation and proposed penalty as modified.3) Respondent affirmatively states that :a) The violations alleged in the citations have been abated.b) It will comply in the future with the Occupational safety and Health Act.4) Respondent certifies that on January 22,1992 this stipulation will beposted where affected employees may see it.5) it will pay the amended proposed penalty of $3,000.00 by forwarding acheck made payable to \”Occupational Safety and Health Administration -Labor\” in that amount to the Occupational Safety and HealthAdministration Office located at U.S. Department of Labor, OccupationalSafety and Health Administration, 990 Westbury Road, Westbury, New York11590.6) Each party hereby agrees to bear its own fees and other expensesincurred by such party in connection with any stage of this proceeding.DATED: January 29,1992New York, New YorkMARSHALL J.BREGER Solicitor of LaborPATRICIA M. RODENHAUSENRegional SolicitorBY: LUIS A. MICHELIAttorneyU.S. Department of Labor Attorneys for: **LYNN MARTIN, SECRETARY OF LABOR Complainant v. CORONET FROSTED FOODS & ICE CREAM, CORP., RespondentBY: JOSEPH C. GRECO, JRComptroller”