Eastern Steel Erectors, Inc. (Commission decision, August 8, 1985)

Plain-English summary

Eastern Steel Erectors had an application pending for attorney’s fees and expenses under the Equal Access to Justice Act. The parties agreed to end the fee dispute without further litigation. The Department of Labor agreed to pay $4,330 without conceding that the company was entitled to fees. In exchange, Eastern Steel withdrew its application and waived all other attorney-fee and expense claims connected with the citations and the EAJA proceeding. The Commission approved the agreement and terminated the proceeding.

Decision snapshot

• Cited standard(s): None identified in this EAJA release.
• Outcome: EAJA application withdrawn in exchange for a $4,330 payment.
• Key point: The settlement fully resolved the company’s attorney-fee claims without an admission that fees were legally owed.

Full text (OSHRC public release)

Docket No. 83-1107

SECRETARY OF LABOR,

Complainant,

v.

EASTERN STEEL ERECTORS, INC.,

Respondent.

OSHRC DOCKET NO. 83-1107 (EAJA)

ORDER

The parties' Stipulation and Settlement Agreement on the above-captioned Equal Access to Justice Act case is approved.

FOR THE COMMISSION

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

Dated: August 8, 1985

WILLIAM E. BROCK, SECRETARY OF LABOR,

Complainant,

v.

EASTERN STEEL ERECTORS, INC.,

Respondent.

OSHRC DOCKET NO. 83-1107 (EAJA)

JOINT NOTICE OF WITHDRAWAL OF APPLICATION

FOR FEES AND EXPENSES UNDER THE EQUAL

ACCESS TO JUSTICE ACT

Complainant, by his undersigned attorney, and respondent Eastern Steel Erectors, Inc., by its undersigned attorney, hereby notify the Occupational Safety and Health Review Commission ("Commission") that the above-noted proceeding presently before the Commission on review of the decision of the administrative law judge on the issue of fees and expenses under the Equal Access to Justice Act, 5 U.S.C. �504 ("EAJA"), has been concluded by Stipulation and Settlement with respect to the pending claim in its entirety. A copy of the Agreement entered into by the parties is attached hereto.

Accordingly, there being no controversy remaining between the parties, Eastern Steel Erectors, Inc. withdraws its application under the EAJA and the instant proceedings are terminated.

FOR THE COMPLAINANT

Mary N. Revell, Esq.

FOR THE RESPONDENT

Richard I. Manas, Esq.

DATED: August 5, 1985

WILLIAM E. BROCK, SECRETARY OF LABOR,

Complainant,

v.

EASTERN STEEL ERECTORS, INC.,

Respondent.

OSHRC DOCKET

No. 83-1107 (EAJA)

STIPULATION AND SETTLEMENT AGREEMENT

Complainant, by his undersigned attorney, and respondent, Eastern Steel Erectors, Inc., by its undersigned attorney, hereby stipulate and agree as follows:

1. The parties wish to settle the application of respondent for attorney's fees and
   expenses under the Equal Access to Justice Act, 5 U.S.C. �504 (EAJA), without the need for further litigation.

2. Without conceding that respondent has any rights whatsoever to attorney's fees and
   expenses under the EAJA in the instant proceeding, complainant agrees in settlement of respondent's application to pay to respondent by check drawn from the United States Department of Labor, the amount of $4,330.00. The check shall be made payable to Eastern Steel Erectors, Inc., shall he issued to the above-named within ninety days of final. execution of this agreement, and shall constitute full and complete settlement of respondent's application.

3. In consideration for the $4,330.00 check for attorney's fees and expenses described in
   paragraph (2) above, respondent hereby agrees to waive all other claims for attorney's fees and expenses incurred in this case both on the merits of the original citations and on its application under the Equal Access to Justice Act.

FOR THE COMPLAINANT

Mary N. Revell, Esq.

FOR THE RESPONDENT

Richard I. Manas, Esq.

DATED: August 5, 1985