“Docket No. 83-1107 SECRETARY OF LABOR, Complainant,v.EASTERN STEEL ERECTORS, INC.,Respondent.OSHRC DOCKET NO. 83-1107 (EAJA)ORDER The parties’ Stipulation and Settlement Agreement on the above-captioned Equal Access toJustice Act case is approved.FOR THE COMMISSIONRAY H. DARLING, JR.EXECUTIVE SECRETARYDated: August 8, 1985WILLIAM E. BROCK, SECRETARY OF LABOR, Complainant,v. EASTERN STEEL ERECTORS, INC.,Respondent.OSHRC DOCKET NO. 83-1107 (EAJA)JOINT NOTICE OF WITHDRAWAL OF APPLICATIONFOR FEES AND EXPENSES UNDER THE EQUALACCESS TO JUSTICE ACTComplainant, by his undersigned attorney, and respondent Eastern Steel Erectors, Inc., byits undersigned attorney, hereby notify the Occupational Safety and Health ReviewCommission (\”Commission\”) that the above-noted proceeding presently before theCommission on review of the decision of the administrative law judge on the issue of feesand expenses under the Equal Access to Justice Act, 5 U.S.C. ?504 (\”EAJA\”), hasbeen concluded by Stipulation and Settlement with respect to the pending claim in itsentirety. A copy of the Agreement entered into by the parties is attached hereto.Accordingly, there being no controversy remaining between the parties, Eastern SteelErectors, Inc. withdraws its application under the EAJA and the instant proceedings areterminated.FOR THE COMPLAINANTMary N. Revell, Esq.FOR THE RESPONDENT Richard I. Manas, Esq.DATED: August 5, 1985WILLIAM E. BROCK, SECRETARY OF LABOR, Complainant,v.EASTERN STEEL ERECTORS, INC.,Respondent.OSHRC DOCKET No. 83-1107 (EAJA)STIPULATION AND SETTLEMENT AGREEMENTComplainant, by his undersigned attorney, and respondent, Eastern Steel Erectors, Inc., byits undersigned attorney, hereby stipulate and agree as follows:1. The parties wish to settle the application of respondent for attorney’s fees andexpenses under the Equal Access to Justice Act, 5 U.S.C. ?504 (EAJA), without the needfor further litigation.2. Without conceding that respondent has any rights whatsoever to attorney’s fees andexpenses under the EAJA in the instant proceeding, complainant agrees in settlement ofrespondent’s application to pay to respondent by check drawn from the United StatesDepartment of Labor, the amount of $4,330.00. The check shall be made payable to EasternSteel Erectors, Inc., shall he issued to the above-named within ninety days of final.execution of this agreement, and shall constitute full and complete settlement ofrespondent’s application.3. In consideration for the $4,330.00 check for attorney’s fees and expenses described inparagraph (2) above, respondent hereby agrees to waive all other claims for attorney’sfees and expenses incurred in this case both on the merits of the original citations andon its application under the Equal Access to Justice Act.FOR THE COMPLAINANT Mary N. Revell, Esq. FOR THE RESPONDENTRichard I. Manas, Esq.DATED: August 5, 1985″