Sauer-Sundstrand Corporation

“Docket No. 89-0862 SECRETARY OF LABOR,Complainant,v.SAUER-SUNDSTRAND CORPORATION,Respondent.OSHRC Docket No. 89-0862DIRECTION FOR REVIEW AND ORDERThe parties in the above-cited action entered into a SettlementAgreement dated May 9, 1990 which was received by the Commission’s Atlanta office on May11, 1990. On May 15, 1990, Administrative Law Judge Paul L. Brady issued an Orderapproving the said Settlement Agreement. That Order was docketed with the Commission onMay 21, 1990. On May 23, 1990, Respondent filed a Motion for Relief from ClericalMistakes.Based on an examination of the official record, and pursuant to29 U.S.C. ? 661(j) and Rule 92(a), 29 C.F.R. ? 2200.92(a), the aforementioned Order isdirected for review.In the Settlement Agreement, the parties withdraw other thanSerious Citation 2, Items 1(a), (b) and (c), with the withdrawal of the said Items 1(b)and (c) conditioned upon certain actions which Respondent has taken or is in the processof taking. See Paragraphs I(a) and III(b). The aforesaid Judge’s Order, however,states that Citation 2 is affirmed, without reference to the amendments agreed to by theparties. Accordingly, Respondent’s Motion for Relief is granted and the order is modifiedto read as follows;4. Citation No. 2, as amended, is hereby affirmed.WHEREFORE, with the modification noted above, the Judge’s Orderapproving the Settlement Agreement is affirmed.Edwin G Foulke, Jr. ChairmanVelma Montoya CommissionerDonald G. Wiseman CommissionerDated: June 12, 1990SECRETARY OF LABOR,Complainant,v.SAUER-SUNDSTRAND CORPORATION,Respondent.OSHRC Docket No. 89-0862MOTION FOR RELIEF FROM CLERICAL MISTAKESNOW COMES the Respondent, SAUER-SUNDSTRAND CORPORATION, andrespectfully requests that the Commission amend the order Approving Settlement (the\”Order\”) as follows:The Order provides that Citation No. 1 is affirmed. The partiesagreed that Sub-Items 1 (a), (b), and (c) of Citation No. 2 would be withdrawn.Accordingly, the order should read that Citation No. 2, as amended, is hereby affirmed.Respectfully submitted,David L. Miller, One of the attorneys for Respondent, Sauer-Sundstrand CorporationDavid L. MillerKOVAR NELSON BRITTAIN SLEDZ & MORRISSECRETARY OF LABOR,Complainantv.SUNSTRAND-SAUER CORPORATION,Respondent.OSHRC Docket No. 89-862ORDER APPROVING SETTLEMENTA settlement agreement was filed in this case which adequatelyresolves the issues pending before the Commission. The agreement provides for theamendment of the penalty proposed for Citation No. 1 and allows respondent to withdraw itsnotice of contest.Respondent represents that the alleged violations have beenabated; that it has paid the proposed penalty, as amended; and that it has conformed withthe applicable posting and service requirements as fixed by the rules of the commission.Therefore, it is ORDERED: 1. The agreement of the parties is hereby approved andincorporated as part of this order.2.The notice of contest is hereby dismissed.3. Citation No. 1 is affirmed and a penalty in the amount of$520.00 is hereby assessed.4. Citation No. 2 is hereby affirmed.Dated this 15th day of May, 1990.PAUL L. BRADY Judge”