Cleveland Electric Illuminating Co. (Commission decision, January 13, 1986)

Plain-English summary

The administrative law judge approved the parties’ settlement but assessed a $150 penalty for item 3. Cleveland Electric told the Commission that the order conflicted with the settlement because item 3 should assess no penalty. The Secretary agreed and stated an intention to withdraw the citations and proposed penalties. The Commission directed review and remanded the case so the judge could enter a corrective order. The release does not identify the cited standards.

Decision snapshot

• Cited standard(s): None identified in the release.
• Outcome: Remanded for correction of the settlement order to remove the $150 penalty for item 3.
• Key point: A settlement order that did not match the parties’ agreement was returned to the judge for correction.

Full text (OSHRC public release)

Docket No. 85-0042

SECRETARY OF LABOR,

Complainant,

v.

CLEVELAND ELECTRIC ILLUMINATING CO.,

Respondent,

and

UTILITY WORKERS UNION OF AMERICA,

AFL - CIO AND ITS LOCAL 270,

Authorized Employee

Representative.

OSHRC DOCKET NO. 85- 0042

DIRECTION FOR REVIEW AND REMAND ORDER

On December 9, 1985, Administrative Law Judge Edwin G. Salyers issued an order approving the parties' Stipulation and Settlement Agreement. By letter dated December 9, 1985, Respondent's attorney noted that the Judge's Order is inconsistent with the settlement in that in item No. 3 civil penalties of $150 are assessed. Respondent's attorney pointed out that item No. 3 should read that no civil penalties are assessed. By letter dated December 24, 1985, the Secretary's attorney agreed with Respondent's attorney that such a correction should be made and noted the Secretary's intention to withdraw the citations and proposed penalties.

Accordingly, we direct review of the Judge's Order pursuant to 29 U.S.C.

661(i), and remand this case to permit the Judge to enter a corrective order regarding the Stipulation and Settlement Agreement.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated: JAN 13 1986

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