“Docket No. 90-1668 SECRETARY OF LABOR,Complainant,v.MONIAROS CONTRACTING CORPORATION,Respondent.OSHRC Docket No. 90-1668DIRECTION FOR REVIEWAND REMAND ORDEROn October 22, 1990, Respondent, Moniaros contractingcorporation, filed a letter with Administrative Law Judge Irving Sommer which sets forthobjections to certain terms contained in the judge’s Order Approving Settlement, which wasdocketed with the Commission’s Executive Secretary on October 25, 1990. DeemingRespondent’s letter to be a petition for discretionary review, and based upon apreliminary examination of the official record, the Commission, pursuant to 29 U.S.C. ?661(j) and 29 C.F.R. ? 2200.92(a), hereby directs this case for review.In the letter of October 22, 1990, Respondent implicitly raisesthe issue of whether the parties have reached a full settlement of this case. TheCommission is unable to decide this issue based on the record as presently constituted.The judge’s order is therefore set aside and the case remanded to him to determine whetherthe parties have reached a full settlement of this case, and to take any other stepsnecessary for the disposition of this matter.Edwin G. Foulke, Jr.ChairmanVelma MontoyaCommissionerDonald G. WisemanCommissionerDated: November 15, 1990ELIZABETH DOLE, Secretary of Labor,United States Department of Labor,Complainant,v.MONIAROS CONTRACTING CORP.,Respondent.OSHRC Docket NO. 90-1668STIPULATED SETTLEMENTROBERT P. DAVIS Solicitor of Labor PATRICIA M. RODENHAUSENRegional Solicitor STEVEN D. RISKINAttorneyU.S. Department of LaborAttorneys for ELIZABETH DOLE,Secretary of Labor Patricia M. RodenhausenRegional SolicitorU.S. Department of Labor ELIZABETH DOLE, Secretary of Labor,United States Department of Labor,Complainant,v.MONIAROS CONTRACTING CORP.,Respondent.OSHRC Docket NO. 90-1668STIPULATED SETTLEMENTBased upon the following recital, the complainant and theRespondent herein agree to the following as a conclusion of this matter:1) The Secretary hereby amends the proposed penalty to reflecta total proposed penalty of $3000 as follows: CITATION NO. ITEM ORIGINAL AMENDED 1 1 $250 $170 2 250 170 3 250 170 4 1000 500 5 1000 500 6 810 490 7 1000 500 8\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a01000\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0500 Total:\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0$5560\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0$30002) Based upon the above, the respondent herein withdraws itsnotice of contest as to the Citation No. 1 and the proposed penalty as modified.3) Respondent affirmatively states that:a) The violations alleged in Citation No. 1, Items Nos. 1, 2and 3 shall be abated by November 5, 1990.b) All other violations alleged in Citation No. 1 have been abated.c) It will comply in the future’ with the Occupational Safety and Health Act.4) Respondent certifies that on or before October 12, 1990,this Stipulation will be posted where affected employees may see it.5) It will pay the amended proposed penalty of $3,000 byforwarding a check made payable to Occupational Safety and Health-Labor in that amount tothe Occupational Safety and Health Administration Office located at Bayside Area Office,42-40 Bell Boulevard, Bayside, New York 11361.6) Each party hereby agrees to bear its own fees and otherexpenses incurred by such party in connection with any stage of this proceeding.DATED: August 15, 1990 New York, New YorkROBERT P. DAVIS Solicitor of LaborPATRICIA M. RODENHAUSENRegional SolicitorBY: STEVEN D. RISKINAttorneyU.S. Department of LaborAttorneys forELIZABETH DOLE,Secretary of LaborMONIAROS CONTRACTING CORP.BY: ___________________________ELIZABETH DOLE, Secretary of Labor,United States Department of Labor,Complainant,v.MONIAROS CONTRACTING CORP.Respondent.OSHRC Docket NO. 90-1668ORDER APPROVING SETTLEMENTRespondent in OSHRC Docket No. 90-1688, by a letter dated June1, 1990 contested citation no. 1 issued to it by Complainant on May 9, 1990. In thatletter, Respondent also contested the penalties proposed by Complainant for that citation.Respondent’s letter did not contest citation no. 2, also issued to it by complainant anMay 9, 1990, which citation has become a final order by operation of law.An executed Settlement Agreement has been received from theparties, and this Agreement addresses all matters at issue between the parties in thisproceeding. The Agreement having been read and considered it isORDERED: (1) That the terms of the Settlement Agreement areapproved and incorporated as part of this order; and(2) That this Order, pursuant to Section 12(j) of the Act, 29U.S.C. ? 661(j), will become the final order of the Commission at the expiration of 30days from the date of docketing by the Executive Secretary, unless within that time amember of the Commission directs that it be reviewed.Dated this 23rd day of October, 1990.Judge, Occupational Safety& Health Review Commission”