🧪 TEST MODE ACTIVE Use test card: 4242 4242 4242 4242
Ezel / Agency Decisions / 85-0042-commission
OSHRC Commission decision Docket 85-0042 Decided January 13, 1986 Remanded

Cleveland Electric Illuminating Co.

Settlement order remanded to remove a penalty

Apply this precedent to your situation

This is citable Commission precedent from 1986, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1986
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Decision of the Commission
This is a decision of the Occupational Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance; check subsequent history before relying on it. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

The administrative law judge approved the parties’ settlement but assessed a $150 penalty for item 3. Cleveland Electric told the Commission that the order conflicted with the settlement because item 3 should assess no penalty. The Secretary agreed and stated an intention to withdraw the citations and proposed penalties. The Commission directed review and remanded the case so the judge could enter a corrective order. The release does not identify the cited standards.

Decision snapshot

  • Cited standard(s): None identified in the release.
  • Outcome: Remanded for correction of the settlement order to remove the $150 penalty for item 3.
  • Key point: A settlement order that did not match the parties’ agreement was returned to the judge for correction.

Full text (OSHRC public release)

Docket No. 85-0042

SECRETARY OF LABOR,

Complainant,

v.

CLEVELAND ELECTRIC ILLUMINATING CO.,

Respondent,

and

UTILITY WORKERS UNION OF AMERICA,

AFL - CIO AND ITS LOCAL 270,

Authorized Employee

Representative.

OSHRC DOCKET NO. 85- 0042

DIRECTION FOR REVIEW AND REMAND ORDER

On December 9, 1985, Administrative Law Judge Edwin G. Salyers issued an order approving
the parties' Stipulation and Settlement Agreement. By letter dated December 9, 1985,
Respondent's attorney noted that the Judge's Order is inconsistent with the settlement in
that in item No. 3 civil penalties of $150 are assessed. Respondent's attorney pointed out
that item No. 3 should read that no civil penalties are assessed. By letter dated December
24, 1985, the Secretary's attorney agreed with Respondent's attorney that such a
correction should be made and noted the Secretary's intention to withdraw the citations
and proposed penalties.

Accordingly, we direct review of the Judge's Order pursuant to 29 U.S.C.

� 661(i), and remand this case to permit the Judge to enter a corrective order regarding
the Stipulation and Settlement Agreement.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated: JAN 13 1986

The Administrative Law Judge decision in this matter is unavailable in this format. To
obtain a copy of this document, please request one from our Public Information Office By
e-mail ( [email protected] ), telephone
(202-606-5398), fax (202-606-5050), or TTY (202-606-5386).

Get today's answer for your situation

You just read Commission precedent from 1986. Ezel checks whether it still stands, including any court review since, and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.