Cerro Copper Products Co. (Commission decision, April 16, 1984)

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

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