“Docket No. 88-2306 SECRETARY OF LABOR, Complainant, v. GILIAN INSTRUMENT CORPORATION, Respondent.OSHRC DOCKET No. 88-2306ORDERThe parties’ stipulation and settlement agreement is approved.FOR THE COMMISSIONRay H. Darling Jr.Executive Secretary Dated: April 11, 1989ELIZABETH DOLE, SECRETARY OF LABOR, Complainant, v. GILIAN INSTRUMENT CORP. Respondent.OSHRC Docket No. 88-2306Stipulation and Settlement AgreementIn full settlement and disposition of the instant matter, it isstipulated and agreed by the parties as follows:1. Respondent agrees that the cited equipment will beappropriately guarded or withdrawn from service.2. Complainant hereby amends the penalty proposed in connectionwith the citation in this matter from $700 to $350.3. Respondent hereby withdraws its notice of contest to thecitation and to the notification of proposed penalty as amended above.4. Respondent agrees to pay $350 in full and complete paymentof the penalty within 10 days of the date of this settlement agreement.5. Respondent certifies that a copy of this Stipulation andSettlement Agreement was posted in the workplace on the 1st day of April, 1989, inaccordance with Rules 7 and 100 of the Commission’s Rules of Procedure. There are noauthorized representatives of employees.6. Each party bear its own litigation costs and expenses.Dated this 1st day of April, 1989.Gilian Instrument Corp.Jerry G. Thorn Acting SolicitorCynthia L. Attwood Associate Solicitor for Occupational Safety and HealthDaniel J. Mick Counsel for RegionalTrial LitigationSECRETARY OF LABOR, Complainant, v. GILIAN INSTRUMENT CORP., Respondent.OSHRC Docket No. 88-2306\u00a0\u00a0ORDER DISMISSING NOTICE OF CONTEST Respondent, having failed to respond to an order to show causeand pursuant to Rule 41(a) of the Commission’s Rules of Procedure [29 C.F.R. ?2200.41(a)], is hereby declared in default for its failure to comply with Commission Rule36, 2200.36, requiring the filing of an answer to the complaint in this cause.Therefore, it is ORDERED:1. The notice of contest is dismissed.2. The citations are affirmed and a penalty in the amount of$700.00 is hereby assessed.Dated this 31st day of January, 1989. \u00a0PAUL L. BRADY Judge”