Ezel / Agency Decisions / 83-0106-commission
OSHRC Commission decision Docket 83-0106 Decided April 16, 1984 Remanded

Cerro Copper Products Co.

Settlement remanded for service on employee representative

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Currency note: this decision dates from 1984
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Decision of the Commission
This is a decision of the Occupational Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance; check subsequent history before relying on it. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

The record did not show that the settlement agreement had been served on the authorized employee representative. The representative had elected party status, making service mandatory under two Commission procedural rules. The Commission directed review and remanded to the administrative law judge for proper service and compliance with those rules.

Decision snapshot

  • Cited standard(s): The official release does not identify an OSHA standard.
  • Outcome: Case remanded for service of the settlement agreement on the employee representative.
  • Key point: A settlement cannot proceed without required service on an employee representative that has elected party status.

Full text (OSHRC public release)

Docket No. 83-0106

SECRETARY OF LABOR,

Complainant,

v.

CERRO COPPER PRODUCTS, CO.,

Respondent,

UNITED STEELWORKERS OF AMERICA,

LOCAL UNION NO. 4294, AFL-CIO,

Authorized Employee

Representative.

OSHRC Docket No. 83-0106

DIRECTION FOR REVIEW AND REMAND ORDER

The record in this case does not contain proof of service of the settlement
agreement upon the employee representative, as required by Commission Rule 100(c), 29
C.F.R. � 2200.100(c).  Further, the employee representative elected party status and
service is therefore required under Commission Rule 7(a), 29 C.F.R. � 2200.7(a).  
Accordingly, this case is directed for review and remanded to the administrative law judge
for compliance with Commission Rules 100(c) and 7(a).

FOR THE COMMISSION

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

DATED:  APR 16 1984

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).

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