Illinois Power Company (Commission decision, September 21, 1999)

Plain-English summary

The chief judge approved a settlement between the Secretary and Illinois Power before the full objection period had run for I.B.E.W. Local 51, the authorized employee representative. Commission rules added three days for service by mail and excluded weekends from the ten-day period. The union's objections were therefore timely even though they arrived the day after the approval order. The Commission vacated the settlement approval and remanded for the judge to consider the objections.

Decision snapshot

• Cited standard(s): None identified in the order.
• Outcome: Settlement approval vacated and case remanded for consideration of the union's timely objections.
• Key point: A settlement cannot be approved until the employee-representative objection period, including mailing time and excluded nonbusiness days, has fully expired.

Full text (OSHRC public release)

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SECRETARY OF LABOR,
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Complainant,
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v. :
: Docket No. 98-1972
ILLINOIS POWER COMPANY
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Respondent.
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and
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:
I.B.E.W. LOCAL NO. 51,
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Authorized Employee
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Representative
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:

ORDER
BEFORE: ROGERS, Chairman and VISSCHER, Commissioner.
BY THE COMMISSION:
On Tuesday, August 3, 1999, Chief Administrative Law Judge Irving Sommer approved a stipulation and settlement agreement entered into between the Secretary of Labor and Illinois Power Co. The settlement agreement had been served on the authorized employee representative, the International Brotherhood of Electrical Workers, Local 51 (I.B.E.W.) on Thursday, July 22, 1999.
Under Commission Rule 100 (c), 29 C.F.R. § 2200.100(c), orders approving settlement agreements shall not be issued for 10 days after service or posting to allow consideration of any affected employee’s or authorized employee representative’s objections

1999 OSHRC No. 22
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to the reasonableness of the abatement date. Commission Rule 4(a), 29 C.F.R. §2200.4(a), directs that the computation of any period of time less than 11 days in length shall not include Saturdays, Sundays, or Federal Holidays. Additionally, under Commission Rule 4(b), 29 C.F.R. § 2200.4(b), where service is by mail, an additional three calender days (including Saturdays, Sundays and Federal Holidays) are added to the beginning of the prescribed period.
Therefore, after counting the three days for mailing, the tenth day following service of the settlement agreement on the employee representative was Friday, August 6, 1999, three days after the judge approved the settlement agreement. On August 4, the I.B.E.W. timely filed its objections to the settlement agreement. Under these facts, the I.B.E.W. is entitled to have its objections considered. Accordingly, we vacate the judge’s order approving the settlement agreement and remand the matter to the judge for consideration of the objections filed by the I.B.E.W.1 SO ORDERED.

/s/
Thomasina V. Rogers
Chairman

/s/
Gary L. Visscher
Date: September 21, 1999
Commissioner

1
Respondent has filed with the Commission a Motion for Summary Disposition. In the motion, respondent did not indicate whether it conferrred with the authorized employee representative, a party in this case, as required by Commission Rule 409a), 29 C.F.R.
§2200.40(a). Schipper Constr., Inc., Docket No. 99-0253 (July 30, 1999). We refer this motion to the judge with instructions that, prior to considering the motion, he confirm that respondent complied with Commission Rule 40(a).