Gutknecht Construction Co.

Plain-English summary

After the case was directed for Commission review, the parties filed a stipulation and settlement agreement. The Commission found that the agreement raised no issue warranting further review and was consistent with the Occupational Safety and Health Act and Commission rules. It incorporated the settlement into its order and set aside the ALJ decision to the extent it conflicted with the agreement.

Decision snapshot

• Cited standard(s): None identified in the Commission order.
• Outcome: The settlement was incorporated into the final order, and the ALJ decision was set aside where inconsistent.
• Key point: A settlement filed during Commission review can replace inconsistent portions of the ALJ decision and become the Commission's final order.

Full text (OSHRC public release)

                                       United States of America
                   OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
                                 1120 20th Street, N.W., Ninth Floor
                                    Washington, DC 20036-3419




Office of                                                                   Phone: (202) 606-5100

Executive Secretary Fax: (202) 606-5050

                                                    :

SECRETARY OF LABOR, :
:
Complainant, :
:
v. : OSHRC Docket No. 95-0956
:
GUTKNECHT CONSTRUCTION CO., :
:
Respondent. :
:

                                           ORDER

      This matter is before the Commission on a direction for review entered by Commissioner

Daniel Guttman on August 9, 1996. The parties have now filed a stipulation and settlement

agreement.

      Having reviewed the record, and based upon the representations appearing in the

stipulation and settlement agreement, we conclude that this case raises no matters warranting

further review by the Commission. The terms of the stipulation and settlement agreement do not

appear to be contrary to the purposes of the Occupational Safety and Health Act and are in

compliance with the Commission's Rules of Procedure.

      Accordingly, we incorporate the terms of the stipulation and settlement agreement into

this order, and we set aside the Administrative Law Judge's decision and order to the extent that
 2

it is inconsistent with the stipulation and settlement agreement. This is the final order of the

Commission in this case. See 29 U.S.C. §§ 659(c), 660(a), and (b).

                                                            /s/
                                               Stuart E. Weisberg
                                               Chairman

Date: July 18, 1997 /s/
Daniel Guttman
Commissioner