Irwin Steel Erectors, Inc.

Plain-English summary

Irwin Steel Erectors and the Secretary settled the case, but their written agreement accidentally omitted the negotiated penalty for citation item 2(a). The judge treated the omission as leaving the original $560 proposal in place. The parties jointly asked the Commission to correct the order because their agreement to reduce that penalty was an integral settlement term. The Commission found good cause and modified the order to assess $250 for item 2(a). It affirmed the settlement in all other respects.

Decision snapshot

• Cited standard(s): The order does not identify the standard underlying item 2(a).
• Outcome: The settlement penalty for item 2(a) was reduced from $560 to $250, with the remainder affirmed.
• Key point: The Commission may correct a settlement order when the written agreement inadvertently omits a material term that both parties actually negotiated.

Full text (OSHRC public release)

Docket No. 77-1132

IRWIN STEEL ERECTORS, INC.
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OSHRC Docket No. 77-1132

Occupational Safety and Health Review Commission

August 24, 1978

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Before CLEARY, Chairman; BARNAKO and COTTINE, Commissioners.
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COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

James E. White, Acting Reg. Sol., USDOL

Jerry M. Kolander, Jr., for the employer

OPINION:

DIRECTION FOR REVIEW AND ORDER

BY THE COMMISSION: Pursuant to Commission Rule 91a, 29 CFR �
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2200.91a, the above-captioned case is hereby directed for review.

On July 25, 1978, Administrative Law Judge Erwin L. Stuller issued his decision and order in this case, approving the settlement agreement of the parties.
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The Judge's decision notes that the settlement agreement fails to mention the $560 proposed penalty for Item 2(a) of the citation.
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The Judge concluded that the proposed penalty was appropriate and his order affirmed a penalty of $560 for Item 2(a).

The parties have jointly petitioned the Commission to review Judge Stuller's order, to vacate the $560 penalty, and to assess a penalty of $250 for Item 2(a).
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The parties represent that the agreement to amend the proposed penalty was integral to their settlement agreement and that it was omitted from the written agreement through oversight.

Good cause having been shown, it is ORDERED that the Judge's order be modified to assess
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a penalty of $250 for Item 2(a) and affirmed in all other respects.
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