Red-Hawk Construction, Inc.

Plain-English summary

The chief administrative law judge approved a settlement requiring Red-Hawk Construction to pay an $18,900 penalty. The Secretary later submitted a revised stipulation providing for eighteen monthly payments of $1,050 and asked that it replace the original stipulation. The Commission directed the case for review. It referred the motion and revised stipulation to the chief administrative law judge for further proceedings.

Decision snapshot

• Cited standard(s): None identified.
• Outcome: Motion to amend an $18,900 settlement payment schedule referred to the chief administrative law judge for further proceedings.
• Key point: The Commission returned the proposed installment-payment amendment to the judge instead of approving it directly.

Full text (OSHRC public release)

Red-Hawk Construction, Inc., Docket No. 02-1180

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EN-US
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X-NONE

SECRETARY OF LABOR,

Complainant,

v.

OSHRC Docket No. 02-1180

RED-HAWK CONSTRUCTION, INC.,

Respondent.

DIRECTION
FOR REVIEW AND ORDER

On
March 20, 2003, the Chief Administrative Law Judge issued an order approving
the Stipulation and Joint Motion (original stipulation) filed by the parties on
February 26, 2003. Paragraph four of the original stipulation states that the
Respondent shall pay a total penalty of $18,900.00.

The
Secretary has now filed a Motion to Amend Stipulation and Joint Motion (motion
to amend) together with the revised Stipulation and Joint Motion (revised
stipulation) stating that the penalty of $18,900.00 shall be paid in eighteen
monthly installments of $1,050.00 each. In her motion to amend the Secretary
asks the Commission to file the revised stipulation as a replacement for the
original stipulation.

The
Commission directs this case for review and refers the motion and revised
stipulation to the Chief Administrative Law Judge for further proceedings. So Ordered.

Date: April 24,
2003                                            /s/

W.
Scott Railton

Chairman

/s/

Thomasina
V. Rogers

Commissioner

/s/

James
M. Stephens

Commissioner

SECRETARY OF LABOR, 

Complainant,

v.

OSHRC Docket No. 02-1180

RED-HAWK CONSTRUCTION, INC.,

Respondent.

ORDER

The
Commission has jurisdiction over the subject matter of the case and over the
parties by virtue of the filing of a timely notice of
contest.

The
stipulation and Joint Motion between the parties filed on February 26, 2003,
has been considered. The parties certify that affected employees were properly
notified of the settlement on February 21, 2003. No objection to the settlement
has been filed.

The
settlement is approved under 5 U.S.C. § 2200.100. The terms of the Stipulation
and Joint Motion are incorporated, in their entirety, by reference in this
order.

/s/

Irving
Sommer

Chief
Judge, OSHRC

Dated: March 20, 2003