Conoco, Inc. (Commission decision, November 13, 1986)

Plain-English summary

Conoco and the Secretary settled two contested items from citation 8 concerning asbestos-removal work at the company's Billings refinery. Conoco withdrew its contest, stated that both items had been abated, and agreed to follow valid asbestos-removal rules. The Secretary agreed not to use the withdrawn contest or the two items as a basis for later repeat, serious, willful, failure-to-abate, or other citations and agreed to treat them as a nullity for precedential and administrative purposes. The agreement did not constitute an admission by Conoco, and each side bore its own costs. After the employee representative received notice and filed no objection, the Commission affirmed the judge's approval of the settlement.

Decision snapshot

• Cited standard(s): No specific standard numbers are identified in the official release.
• Outcome: Settlement approved; two abated citation items became final under terms barring their future use as precedent or a repeat-citation basis.
• Key point: The agreement closed the asbestos-removal dispute while expressly limiting the future legal effect of the settled items.

Full text (OSHRC public release)

Docket No. 86-0632

SECRETARY OF LABOR,

Complainant,

v.

CONOCO, INC.,

Respondent.

OSHRC DOCKET NO. 85-0632

ORDER

Because ten days have elapsed since a copy of the settlement agreement was served on the representative of the employee party and there has been no objection made, the Commission affirms Administrative Law Judge Goldstein's order which approved the parties' settlement agreement.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated: NOV 13, 1986

SECRETARY OF LABOR,

Complainant,

v.

CONOCO, INC.,

Respondent,

OSHRC DOCKET NO. 85-0632

OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, Local 2-470,

Authorized Employee

Representative.

ORDER

The Settlement Agreement filed by the parties on August 1, 1986, is hereby approved.

Sidney J. Goldstein

Judge, OSHRC

Dated: September 10, 1986

WILLIAM E. BROCK,

SECRETARY OF LABOR,

UNITED STATES DEPARTMENT OF LABOR,

Complainant,

v.

CONOCO INC.,

Respondent.

OSHRC DOCKET NO. 85-0632

STIPULATION AND SETTLEMENT AGREEMENT

William E. Brock, Secretary of Labor, United States Department of Labor, hereinafter referred to as the "Secretary," and Conoco Inc., hereinafter referred to as the "respondent," stipulate and agree as follows:

1. Respondent hereby withdraws its notice of contest to items 1(a) and 2(a) of citation
   number 8. In support of its withdrawal, respondent states:

(a) That the abatement of items 1(a) and 2(a) of citation number 8 has been accomplished and agrees that the date of entry of record of this settlement proposal by the Commission shall be the final abatement date for said items.

(b) That a copy of this stipulation and settlement agreement was posted at respondent's workplace on August 1, 1986, at Mechanical Shop Bulletin Board, Conoco Refinery, Billings, Montana, and other bulletin boards at said refinery,

where it may be viewed by its employees; that affected employees are represented by Oil, Chemical, and Atomic Workers International Union, (A.F.L.-C.I.O.), Local No. 2-470 and, that a copy of this stipulation and settlement agreement has been served on Dale Flack, Secretary, Union Local No. 2-470 Representative, by [personal delivery] this 1st day of August,1986.

2. The Secretary agrees that he shall not use, or cause to be used, this withdrawal of
   Notice of Intent to Contest by Conoco Inc., or items number 1(a) and 2(a) of said citation number 8 in any way or as a basis for any subsequent proceeding against Conoco Inc. The Secretary agrees that said citation items shall not form a basis or be utilized by the Secretary in any repeat, serious, willful or other violations or failure to abate citations later assessed or asserted against Conoco Inc., in any similar subsequent proceedings. The Secretary agrees that for all precedential or administrative purposes, citation 8, items 1(a) and 2(a) shall be considered a nullity.

3. It is understood and agreed that this settlement agreement is a compromise of disputed
   claims, and this withdrawal of Notice of Intent to Contest shall not be construed by the Secretary as an admission as to the validity of citation 8, items 1(a) and 2(a) by Conoco Inc. The parties enter into this settlement agreement to avoid further litigation and buy their peace with the understandings set forth herein.

4. Conoco Inc. agrees to abide by all existing and valid rules and regulations of the
   Secretary pertaining to asbestos removal unless such rules and regulations are legally stayed in which case Conoco Inc., will agree to abide by the then existing valid rules and regulations.

5. The Secretary and respondent agree that based on the foregoing representations of
   respondent, an order may be entered of record showing that respondent has withdrawn its notice of contest and entering the citation as a final order of the Commission.

6. Further, each party hereby agrees to bear his or its own fees and other expenses
   incurred by such party in connection with any stage of this proceeding.

Dated this 1st day of August, 1986.

George R. Salem

Deputy Solicitor of Labor

Veeder, Broeder & Michelotti, P.C.

Tedrick A. Housh, Jr

.Regional Solicitor

David A. Veeder

Attorneys for Respondent

Jaylynn K. Fortney

Deputy Regional Solicitor

Attorneys for

William E. Brock,

Secretary of Labor,

U.S. Department of Labor

RESPONDENT

CONOCO INC.

Robert Holtsmith, Billings

Refinery Manager