“*SECRETARY OF LABOR**Complainant, **v. **MESQUITE CONSTRUCTION, INC., **Respondent.**Docket Nos. 92-0203 & 92-0317**DIRECTION FOR REVIEW AND REMAND ORDER*On April 1, 1992, the Chief Administrative Law Judge consolidated theabove referenced cases. On June 9, 1992, the parties filed a SettlementAgreement captioned with Docket No. 92-0203. The parties did not file amotion to sever Docket No. 92-0203 from Docket No. 92-0317 underCommission Rule 11, 29 C.F.R. ? 2200.11.The administrative law judge approved the Settlement Agreement andentered a \”Final Order\” captioned with both docket numbers asconsolidated cases. Thereafter, the Executive Secretary issued a Noticeof Docketing stating that the Report of the administrative law judge,also captioned with both docket numbers, would become a Final Order ofthe Commission on August 10, 1992, unless directed for review. By letterfiled July 14, 1992, the Secretary has informed the Commission thatDocket No. 92-0317 is still under litigation.The Commission has reviewed the records of both cases and finds that theparties did not intend Docket No. 92-0317 to be included in the terms oftheir settlement agreement. The Commission also finds that due toclerical error Docket Number 92-0317 was included in the captions of the\”Final Order\” issued by the administrative law judge and the Not ofDocketing issued by the Executive Secretary.Accordingly, the Commission directs these cases for review pursuant tosection 12(j) of the Occupational Safety and Health Act of 1970, 29U.S.C. ? 661(j). The Commission severs Docket Number 92-0317 from DocketNumber 92-0203, and strikes Docket Number 92-0317 from theadministrative law judge’s \”Final Order\” and the Executive Secretary’sNotice of Docketing. Docket Number 92-0317 is remanded to theadministrative law judge for further proceedings. Docket No. 91-0203will become a final order of the Commission on August 10, 1992, asstated in the Executive Secretary’s Notice of Docketing.Edwin G. Foulke, Jr.ChairmanDonald G. WisemanCommissionerVelma MontoyaCommissionerDated August 10, 1992————————————————————————July 14, 1992Ray H. Darling, Jr.Executive Secretary OCCUPATIONALSAFETY AND HEALTH REVIEW COMMISSIONRE: \/Secretary of labor v. Mesquite Construction, Inc. Region IX DocketNo. 92-0203 and 92-0317\/Dear, Mr. Darling:Please be advised that a clerical error has been made in the Final Orderissued July 2, 1992 regarding the above-referenced cases. A SettlementAgreement, a copy of which is attached hereto, was indeed executed bythe parties and filed, but only regarding Docket No. 32-0203. The caserepresented by Docket No. 92-0317 was not a part of that SettlementAgreement, and is still being actively litigated.If you have any questions regarding this matter, please do not hesitateto telephone the undersigned. Otherwise, kindly amend the Final Orderto refer to Docket No. 92-0203 only. Thank you for your assistance andcorporation in the matter. Very Truly yours,Daniel W. Teehan Regional SolicitorBy: Jan M Coplick AttorneyEnclosure: a\/scc: Anthony Giammarco Esq. ————————————————————————*SECRETARY OF LABOR,**Complainant,**v. **MESQUITE CONSTRUCTION, INC.,**Respondent.**OSHRC Docket Nos. 92-0203 and 92-0317 (CONSOLIDATED)*FINAL ORDERThe parties have filed a Settlement Agreement in this matter. Thecontent of that agreement is incorporated by reference in this order.The Settlement Agreement is hereby approved and shall be deemed a finalorder of the Commission.It is SO ORDERED.R. LoyeJudge, OSHRCDated: July 2, 1992″