Sauer-Sundstrand Corporation

Plain-English summary

Sauer-Sundstrand and the Secretary settled the contested OSHA citations, and an ALJ approved their agreement. The ALJ's order assessed a $520 penalty for Citation 1 but stated without qualification that Citation 2 was affirmed. The employer sought relief because the settlement withdrew three items from Citation 2, with two withdrawals conditioned on corrective actions. The Commission granted the motion and changed the order to affirm Citation 2 only as amended. The settlement approval otherwise remained in effect.

Decision snapshot

• Cited standard(s): None identified in the decision.
• Outcome: Settlement order affirmed after a clerical correction; Citation 1 carried a $520 penalty and Citation 2 was affirmed only as amended.
• Key point: A settlement order must reflect the citation amendments and withdrawals to which the parties actually agreed.

Full text (OSHRC public release)

Docket No. 89-0862

SECRETARY OF LABOR,

Complainant,

v.

SAUER-SUNDSTRAND CORPORATION,

Respondent.

OSHRC Docket No. 89-0862

DIRECTION FOR REVIEW AND ORDER

The parties in the above-cited action entered into a Settlement
Agreement dated May 9, 1990 which was received by the Commission's Atlanta office on May
11, 1990. On May 15, 1990, Administrative Law Judge Paul L. Brady issued an Order
approving the said Settlement Agreement. That Order was docketed with the Commission on
May 21, 1990. On May 23, 1990, Respondent filed a Motion for Relief from Clerical
Mistakes.

Based on an examination of the official record, and pursuant to
29 U.S.C. � 661(j) and Rule 92(a), 29 C.F.R. � 2200.92(a), the aforementioned Order is
directed for review.

In the Settlement Agreement, the parties withdraw other than
Serious Citation 2, Items 1(a), (b) and (c), with the withdrawal of the said Items 1(b)
and (c) conditioned upon certain actions which Respondent has taken or is in the process
of taking. See Paragraphs I(a) and III(b). The aforesaid Judge's Order, however,
states that Citation 2 is affirmed, without reference to the amendments agreed to by the
parties. Accordingly, Respondent's Motion for Relief is granted and the order is modified
to read as follows;

4. Citation No. 2, as amended, is hereby affirmed.

WHEREFORE, with the modification noted above, the Judge's Order
approving the Settlement Agreement is affirmed.

Edwin G Foulke, Jr.

Chairman

Velma Montoya

Commissioner

Donald G. Wiseman

Commissioner

Dated: June 12, 1990

SECRETARY OF LABOR,

Complainant,

v.

SAUER-SUNDSTRAND CORPORATION,

Respondent.

OSHRC Docket No. 89-0862

MOTION FOR RELIEF FROM CLERICAL MISTAKES

NOW COMES the Respondent, SAUER-SUNDSTRAND CORPORATION, and
respectfully requests that the Commission amend the order Approving Settlement (the
"Order") as follows:

The Order provides that Citation No. 1 is affirmed. The parties
agreed that Sub-Items 1 (a), (b), and (c) of Citation No. 2 would be withdrawn.
Accordingly, the order should read that Citation No. 2, as amended, is hereby affirmed.

Respectfully submitted,

David L. Miller, One of the

attorneys for Respondent,

Sauer-Sundstrand Corporation

David L. Miller

KOVAR NELSON BRITTAIN SLEDZ & MORRIS

SECRETARY OF LABOR,

Complainant

v.

SUNSTRAND-SAUER CORPORATION,

Respondent.

OSHRC Docket No. 89-862

ORDER APPROVING SETTLEMENT

A settlement agreement was filed in this case which adequately
resolves the issues pending before the Commission. The agreement provides for the
amendment of the penalty proposed for Citation No. 1 and allows respondent to withdraw its
notice of contest.

Respondent represents that the alleged violations have been
abated; that it has paid the proposed penalty, as amended; and that it has conformed with
the applicable posting and service requirements as fixed by the rules of the commission.

Therefore, it is ORDERED:

1. The agreement of the parties is hereby approved and
   incorporated as part of this order.

2.The notice of contest is hereby dismissed.

3. Citation No. 1 is affirmed and a penalty in the amount of
   $520.00 is hereby assessed.

4. Citation No. 2 is hereby affirmed.

Dated this 15th day of May, 1990.

PAUL L. BRADY

Judge