“SECRETARY OF LABOR,Complainant,v.CUSTOM ELECTRICAL CONTRACTORS, INC.,Respondent.OSHRC Docket No. 83-1032_DIRECTION FOR REVIEW AND ORDER_Pursuant to 29 U.S.C. ? 661(i), an order of James A. Cronin, Jr.,approving a settlement agreement between the parties is hereby directedfor review.Respondent has filed a petition for review, objecting to the judge’sorder and asserting that there is good cause to set aside the settlementagreement. Treating the petition as a motion for reinstatement ofRespondent’s notice of contest, we vacate the judge’s order and remandto the judge for consideration of Respondent’s contentions and forruling on the motion.FOR THE COMMISSIONRay H. Darling, Jr.Executive DirectorDATED CLEARY, Commissioner, dissentingI would not remand this case. I do not believe the Respondent hasstated a basis upon which the Commission should approve Respondent’swithdrawal from the settlement. He indicates he was misled by theSecretary’s counsel who indicated that Respondent could not win on themerits, and\/or that he had no case. This is not necessarily misleading,and there is certainly no basis for overturning a settlement because oneparty expresses a view as to the possible outcome of the case duringsettlement negotiations. I know of no stricture which prohibits anexpression of opinion by counsel.Further, Respondent had no basis for assuming the Secretary of Labor andthis Commission were one and the same. He was furnished with writtenmaterial advising him of his rights and procedures. In the Guide toProcedures of the Commission, which is furnished, it is pointed out onthe first page that the Review Commission is an independent agency, andthat \”[i]t is not connected in any way with the Department of Labor orthe Occupational Safety and Health Administration (OSHA).————————————————————————The Administrative Law Judge decision in this matter is unavailable inthis format. To obtain a copy of this document, please request one fromour Public Information Office by e-mail ( [email protected] ), telephone (202-606-5398), fax(202-606-5050), or TTY (202-606-5386).”