Baker Hi-Way Express, Inc.

Plain-English summary

The judge entered default against Baker Hi-Way Express after the company failed to answer OSHA's complaint or respond to a show-cause order. Baker sought Commission review, and the parties then submitted a signed settlement agreement with certifications that union representatives and employees had been served. The Commission set aside the default order and remanded the case to the judge to consider the settlement. The decision does not identify the underlying cited standards or penalties.

Decision snapshot

• Cited standard(s): None identified in the decision.
• Outcome: The default judgment was set aside and the case was remanded for consideration of the settlement agreement.
• Key point: A completed settlement submitted during review can justify setting aside a procedural default so the judge can evaluate the agreement.

Full text (OSHRC public release)

Baker HI-Way express, Inc., Docket No. 06-0039

SECRETARY OF LABOR,

Complainant,

v.

OSHRC Docket No. 06-0039

BAKER HI-WAY EXPRESS, INC.,

Respondent.

DIRECTION FOR REVIEW AND REMAND ORDER

In an order dated April 3, 2006, Chief Administrative Law Judge Irving Sommer
entered a default judgment against Baker Hi-Way Express, Inc. (“Baker”). After Baker
filed a petition for discretionary review (“PDR”) and the Secretary filed her opposition to
the PDR, the Secretary and Baker filed a copy of a signed settlement agreement, dated
May 3, 2006, with the Commission. In the agreement, Baker certifies that the settlement
agreement was mailed to union representatives and was served on employees in
accordance with Commission Rules 7 and 100, 29 C.F.R. §§ 2200.7 and .100.

Accordingly, we direct this case for review, set aside the judge’s order, and
remand the matter to the judge for consideration of the settlement agreement.

/s/______

W. Scott Railton

Chairman

/s/______

Thomasina V. Rogers

Dated: May 4, 2006                                                    Commissioner                      

Secretary of Labor,

Complainant,

V.

OSHRC DOCKET NO. 06-0039

BAKER HI-WAY EXPRESS, INC.

Respondent.

ORDER

On March 01, 2006 the undersigned issued an ORDER TO SHOW CAUSE to
the Respondent as to why his Notice of Contest should not be dismissed for failure to file
an answer to the complaint as required by the Commission Rules of Procedure. The
Respondent failed to reply to the ORDER. His actions demonstrate either that he has
abandoned the case or treats the Rules of Procedure of the Commission with disdain.
This cannot be countenanced as it seriously impedes administration of justice.

Accordingly, the Notice of Contest filed by the Respondent is dismissed. The
Secretary’s citation(s) and proposed penalties are AFFIRMED in all respects.

/s/

IRVING SOMMER

Chief Judge

DATE: April, 3, 2006

Washington, D.C.