Schiavone Construction Co., Inc. (Commission decision, May 31, 1983)

Plain-English summary

While the case was pending before the Commission on review of the judge's decision, the Secretary agreed to withdraw citation 1 because the evidence was insufficient to sustain the allegation. Schiavone agreed to bear its own costs and attorney's fees and confirmed service of the agreement on employees. The Commission approved the stipulation and settlement, ending the reviewed case.

Decision snapshot

• Cited standard(s): The official release does not identify the standard in citation 1.
• Outcome: Citation 1 withdrawn for lack of evidence.
• Key point: The Secretary ended the reviewed citation after concluding that the existing record could not support the allegation.

Full text (OSHRC public release)

Docket No. 80-2731

SECRETARY OF LABOR

Complainant,

v.

SCHIAVONE CONSTRUCTION CO., INC.,

Respondent

OSHRC Docket No. 80- 2731

ORDER

The Parties' Stipulation and Settlement Agreement is Approved.

FOR THE COMMISSION

Ray H. Darling, Jr.

EXECUTIVE SECRETARY

Dated: MAY 3 1 1983

RAYMOND J. DONOVAN, SECRETARY OF LABOR,

Complainant,

v.

SCHIAVONE CONSTRUCTION CO., INC.,

Respondent.

OSHRC DOCKET NO. 80-2731

STIPULATION AND SETTLEMENT AGREEMENT

The parties have reached a complete settlement of the above-noted contested case presently pending on review of the judge's decision before the Occupational Safety and Health Review Commission. The parties hereby stipulates follows:

1. Complainant hereby withdraws citation No. 1 for lack of evidence to sustain the
   allegation.

2. Respondent hereby agrees to bear its own costs and attorney's fees.

3. Respondent hereby avers that it has served a copy of this agreement upon its employees
   pursuant to Commission Rule of Procedure 100 and in accordance with Rule 7.

KENNETH A. HELLMAN

For Complainant

MORRIS J. LEVIN, Esq.

For Respondent

The Administrative Law Judge decision in this matter is unavailable in this format. To obtain a copy of this document, please request one from our Public Information Office By e-mail ( [email protected] ), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).