Owens-Corning Fiberglas (Commission decision, August 14, 1979)

Plain-English summary

The Commission grants the parties' July 27, 1979 stipulation and settlement agreement. The brief order does not describe the citations, settlement terms, or penalty. Commissioner Cottine dissents because he would send the case back to the judge for findings and conclusions on whether the settlement is consistent with the Occupational Safety and Health Act's provisions and objectives.

Decision snapshot

• Cited standard(s): None identified in this order.
• Outcome: Settled. The Commission grants the parties' stipulation and settlement agreement.
• Key point: The majority approves the settlement without additional findings, over a dissent seeking review of its consistency with the Act.

Full text (OSHRC public release)

Docket No. 78-225

OWENS-CORNING FIBERGLAS

OSHRC Docket No. 78-225

Occupational Safety and Health Review Commission

August 14, 1979

COUNSEL:

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Baruch A. Fellner, Office of the Solicitor, USDOL

James E. White, Reg. Sol., USDOL

Thomas R. Merliano, Owens-Corning Fiberglas Corp., for the employer

OPINION:

ORDER

The Parties' stipulation and settlement agreement dated July 27, 1979, is Granted.
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DISSENTBY: COTTINE

DISSENT:

COTTINE, Commissioner, dissenting:

For the reasons set forth in my separate opinions in Boston Gear, A Div. of Murray Co. of Texas, Inc.,    OSAHRC   , 7 BNA OSHC 1414, 1979 CCH OSHD P23,595 (No. 76-967, 1979) and Western Electric Co., Inc., 78 OSAHRC 98/A2, 7 BNA OSHC 1020, 1978 CCH OSHD P23,158 (No. 1536, 1978), I would remand this case to the judge for findings of fact and conclusions of law with respect to whether the settlement agreement is consistent with the provisions and objectives of the Act.
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