“Docket No. 83-1032 SECRETARY OF LABOR,Complainant,v.CUSTOM ELECTRICAL CONTRACTORS, INC., Respondent.OSHRC Docket No. 83-1032DIRECTION FOR REVIEW AND ORDERPursuant to 29 U.S.C. ? 661(i), an order of James A. Cronin, Jr., approvinga settlement agreement between the parties is hereby directed for review.Respondent has filed a petition for review, objecting to the judge’s orderand asserting that there is good cause to set aside the settlement agreement. \u00a0Treating the petition as a motion for reinstatement of Respondent’s notice of contest, wevacate the judge’s order and remand to the judge for consideration of Respondent’scontentions and for ruling on the motion.FOR THE COMMISSIONRay H. Darling, Jr.Executive DirectorDATED\u00a0CLEARY, Commissioner, dissentingI would not remand this case.\u00a0 I do not believe the Respondent hasstated a basis upon which the Commission should approve Respondent’s withdrawal from thesettlement.\u00a0 He indicates he was misled by the Secretary’s counsel who indicated thatRespondent could not win on the merits, and\/or that he had no case.\u00a0 This is notnecessarily misleading, and there is certainly no basis for overturning a settlementbecause one party expresses a view as to the possible outcome of the case duringsettlement negotiations.\u00a0 I know of no stricture which prohibits an expression ofopinion by counsel.Further, Respondent had no basis for assuming the Secretary of Labor and thisCommission were one and the same.\u00a0 He was furnished with written material advisinghim of his rights and procedures.\u00a0 In the Guide to Procedures of the Commission,which is furnished, it is pointed out on the first page that the Review Commission is anindependent agency, and that \”[i]t is not connected in any way with the Department ofLabor or the Occupational Safety and Health Administration (OSHA).The Administrative Law Judge decision in this matter is unavailable in thisformat.\u00a0 To obtain a copy of this document, please request one from our PublicInformation Office by e-mail ( [email protected]), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).”