Cliffhangers, Inc. (Commission decision, July 2, 2007)

Plain-English summary

A judge entered default judgment against Cliffhangers in three consolidated cases. The Secretary then filed an unopposed request asking the Commission to vacate the default and approve a signed settlement that affirmed the violations as issued but changed the penalties. Citing its policy of encouraging settlement at any stage, the Commission set aside the default order. The cases were remanded to the judge to consider the settlement agreement.

Decision snapshot

• Cited standard(s): No specific OSHA standard number is identified in the decision.
• Outcome: The default judgment was set aside, and all three cases were remanded for consideration of the parties' settlement.
• Key point: The Commission may vacate a default judgment to allow a judge to review an agreed settlement.

Full text (OSHRC public release)

Cliffhangers, Inc., Docket No. 06-1786, 06-1787, 06-1788

SECRETARY OF LABOR,

Complainant,

v.

OSHRC Docket Nos. 06-1786, 06-1787 & 06-1788

CLIFFHANGERS, INC.,

Respondent.

APPEARANCES:

Constance B. Franklin, Attorney; Frank V. McDermott, Jr., Regional Solicitor; Howard M. Radzely, Solicitor; U.S. Department of Labor, Washington, DC

For the Complainant

Patrick West, pro se , President, Cliffhangers, Inc., Boston, MA                  

For the Respondent

REMAND ORDER

Before: THOMPSON, Chairman; ROGERS, Commissioner.

BY THE COMMISSION:

In an order dated May 29, 2007, Chief Administrative Law Judge Irving Sommer entered a default judgment against Cliffhangers, Inc., in these three cases. The Secretary has now filed an unopposed petition for discretionary review asking that the Commission vacate the judge’s default decision and affirm a settlement agreement signed by the parties that “affirms all violations exactly as issued and amends only the penalty assessments.” Chairman Horace A. Thompson III directed the cases for review on June 27, 2007.

Consistent with the Commission’s policy of encouraging settlement at any stage of the proceedings, see Commission Rule of Procedure 100(a), 29 C.F.R. § 2200.100(a), we now set aside the judge’s default order, and remand the cases to the judge for consideration of the settlement agreement.

SO ORDERED.

/s/

Horace A. Thompson III

Chairman

/s/

Thomasina V. Rogers

Dated: July, 2 2007                                               Commissioner