Akbar Electric Service Company
Commission approves $200 settlement
Apply this precedent to your situation
This is citable Commission precedent from 1994, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
Plain-English summary
An ALJ dismissed Akbar Electric Service Company's notice of contest after the company failed to answer the Secretary's complaint or respond to an order to show cause. The ALJ's default order had affirmed the citations and proposed penalties in full. After Commission review was directed, the parties reached a settlement. The Secretary reduced the penalty for citation 1, item 1 from $1,000 to $200, and Akbar withdrew its contest. Akbar stated that all items in citations 1 and 2 had been corrected and tendered the $200 payment. The Commission approved the agreement and set aside the ALJ's order to the extent it was inconsistent with the settlement; the decision does not identify the cited standards.
Decision snapshot
- Cited standard(s): No specific OSHA standard is identified in the decision or settlement.
- Outcome: Settled. The Commission approved the settlement, reducing the stated penalty from $1,000 to $200.
- Key point: Commission review replaced the ALJ's default disposition with the parties' settlement after Akbar certified abatement and withdrew its contest.
Full text (OSHRC public release)
UNITEDSTATESOF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
One Lafayette Centm
1120 20th Street, N.W. - 9th Floor
Washington, DC 2-19
.
b
SECRETARY OF LABOR, .0
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b
Complainant ) l
l
.
.
v. Docket No. 93-2518
AKBAR ELECTRIC SERVICE COMPANY,
Respondent.
This matter is before the Commission on a direction for review entered by
Commissioner Velman Montoya on February 7 ) 1994. 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 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 it is inconsistent with the stipulation and settlement
agreement. This is the final order of the Commission in this case. See 29 U. So Co
98 659(c), 660(a), and (b).
/zsLm& L wmhy
Stuart E. Weisberg
Chairman
Edwin Go Foulke, Jr.
Commissioner
Dated March 25, 1994
Commissioner
NOTICE OF ORDER
The attached Order by the Occupational Safety and Health Review Commission
was issued and served on the following on March 25, 1994.
Daniel J. Mick, Esq.
Counsel for Regional Trial Litigation
Office of the Solicitor, USDOL
200 Constitution Ave., N.W. Room S4004
Washington, D.C. 20210
Tedrick Housh, Esq.
Regional Solicitor
Office of the Solicitor, U.S. DOL
Federal Office Building, Room 2106
911 Walnut Street
Kansas City, MO 64106
.
Chester Rice, President
Akbar Electric Service Company, Inc.
3737 N. Kingshighway
St. Louis, MO 63115
Irving Sommer
Administrative Law Judge
Occupational Safety and Health
Review Commission
One Lafayette Centre
1120 20th Street, Suite 990
Washington, D.C. 20036-3419
FOR THE COMMISSION
49gQ+,).
Ray H. Darling, Jr.
Executive Secretary
UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION l
~~~~~------m~BBmBB---m----B-B-BB~B~,---,
SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR,
Complainant, OSHRC DOCKET
NO. 93-2518
V.
AKBAR ELECTRIC SERVICE COMPANY, INC.@
Respondent.
STIPULATION AND SETTLEMENT AGREEMENT
The Secretary of Labor, United States Department
of Labor, hereinafter referred to as the "Secretary,*'
and Akbar Electric Service Company, Inc., hereinafter
referred to as the Vespondent,n stipulate and agree as
follows:
1a Based upon a reevaluation of the evidence and
the statutory factors upon which the proposed penalties
are determined, the Secretary hereby amends the
citation and the proposed penalty as set forth below:
Citation fl
Proposed Amended
Item # Penalty Penalty Amendment
1 $1,000.00 $200.00 --a
TOTAL $200.00
The citation and notification of proposed penalty are
deemed amended accordingly.
20 Respondent hereby withdraws its notice of
contest to citation number 1 and its notification of
4BMI1016:RSM
.
4
proposed penalty, as amended herein. In support of its
withdrawal, respondent states:
(a) That the abatement of all items of
citations numbered 1 and 2 has been accomplished and
agrees that February 14, 1994, shall be the final
abatement date for said items. Respondent will mail a
letter to.Denver L. Halt, Area Director, St. Louis Area
Office of the Occupational Safety and Health
Administration, stating that abatement has been
completed and stating the manner in which abatement was
completed for each item.
(b) That a copy of this stipulation and
settlement agreement was posted at respondent's
workplace on February 22 , 1994, at3737 N. KINGSHIGHWAY
where it may be viewed by its employees; that affected
employees are represented by INTERNATIONAL BRGTHERfiOOD
OF ELECTRICAL P7ORKERS,
; and, that a copy
of this stipulation and settlement agreement has been
served on IBEX 5850 ELIZABETH AVENU? ST. JlnU& 140 63110
I by prepaid, first
class mail this 11TH day of MARCH # 1994.
, 1
(c) That it has tendered payment of the
total penalty of $200.00 to the Secretary%
representative.
3 0' The Secretary and respondent agree that based
on the foregoing representations of respondent, an
order may be entered of record showing that respondent
has withdra"wnits notice of contest and entering the
citation and notification of proposed penalty, as
amended herein, as a final order of the Commission.
40 Further, each party hereby agrees to bear his
or its own fees and other expenses incurred by such
party in connection with any stage of this proceeding.
Dated this $4 day of &iii t 1994.
Thomas S. Williamson, Jr.
Solicitor of Labor
AXBAR ELECTRIC SERVICE Tedrick A. Housh, Jr.
COMPANY, INC. Regional Solicitor
d%iaJg$<
3737 N. Kingshighway
St. Louis, MO 63115 911 Walnut St., Rm. 2106
(314) 382-2568 Kansas City, MO 6410602085
(816) 426-6441
Attorneys for
Respondent Secretary of Labor,
U.S. Department of Lab&
3
. .
C-EMPLOYEE REPRESENTATIVE
The attached stipulation and settlement agreement
has been entered into by the parties hereto, and is
being submitted to the Occupational Safety and Health
Review Commission for entry as a final order. If you
have any comments on the stipulation and settlement
agreement, you may submit them within ten days of
service or posting of the stipulation to:
Irving Sommer
Chief Administrative Law Judge
Occupational Safety and Health
Review Commission
One Lafayette Centre
1120 20th Street, N.W., Room 990
Washington, D.C. 20036-3419
A copy of such comments should also be sent to:
Tedrick A. Housh, Jr.
Regional Solicitor
U.S. Department of Labor
911 Walnut Street, Room 2106
Kansas City, Missouri 6410602085
Served and/or posted this 2 zd
_ ay of
fe(&,u3, 199.4. -
UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW CohdMlSSlON
One Lafayette Centre
1120 20th Street, N.W. - 9th Floor
Washington, DC 20036-3419
PHONE:
COM (202) -100
Frs (202) 6064100
SECRETARY OF LABOR
Complainant,
v. OSHRC DOCKET
NO. 93-2518
AKBAR ELECTRIC SERVICE COMPANY, INC.
Respondent.
NOTICE OF DOCKETING
OF ADMINISTRATIVE LAW JUDGE’S DECISION
The Administrative Law Judge’s Report in the above referenced case was
docketed with the Commission on January 6, 1994. The decision of the Judge
will become a final order of the Commission on February 7, 1994 unless a
Commission member directs review of the decision on or before that date. ANY
PARTY DESIRING REVIEW OF THE JUDGE’S DECISION BY THE
COMMISSION MUST FILE A PETITION FOR DISCRETIONARY REVIEW.
Any such etition should be received b the Executive Secretary on or before
January 2 f , 1994 in order to ermit sui!i cient time for its review. See
Commission Rule 91, 29 C.F.k . 2200.91.
All further pleadings or communications
. regarding this case shall be
addressed to:
Executive Secretary
Occupational Safety and Health
Revrew Commission
1120 20th St. N.W., Suite 980
Washington, D.C. 20036-34 19
Petitioning parties shall also mail a copy to:
Daniel J. Mick, Esq.
Counsel for Regional Trial Liti ation
Office of the Solicitor, U.S. DO5
Room S4004
200 Constitution Avenue, N.W.
Washington, D.C. 20210
If a Direction for Review is issued by the Commission, then the Counsel for
Regional Trial Litigation will represent the Department of Labor. Any party
having questions about review nghts may contact the Commission’s Executive
Secretary or call (202) 606-5400.
Date: January 6, 1994
DOCKET NO. 93-2518 -
NOTICE IS GIVEN TO THE FOLLOWING:
Daniel J. Mick, Esq.
Counsel for Re ‘onal Trial Liti ation
Office of the So
%lcitor, U.S. DOf
Room S4004
200 Constitution Ave., N.W.
Washington, DC. 20210
Tedrick Housh, Esq.
Re ‘onal Solicitor
O&e of the Solicitor U S DOL
Federal Office Build&g, km. 2106
911 Walnut Street
Kansas City, MO 64106
Chester Rice, President
Akbar Electric Service Company,
Irvin Sornmer
Chie f Administrative Law Jud e
Occupational Safety and Healt %
Review Commission
One Lafayette Centre
1120 20th St. N.W., Suite 990 .
Washington, DC 20036 3419
00106547193 :07
UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
l
.
SECRETARY OF LABOR,
a
.
l
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..
Complainant)
..
V. .. Docket No. 93-2518
AKBAR ELECTRIC SERVICE CO. .
.,
Respondent) l
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..
ORDER
On NOVEMBER 24, 1993 the undersigned issued an ORDER TO SHOW CAUSE
to the Respondent as to why his Notice of Contest should not be dismissed for failure
to file an answer to the complaint as required by the Commission Rules of Procedure.
The Respondent failed to reply to the ORDER. His actions demonstrate either that
he has abandoned the case or treats the Rules of Procedure of the Commissionwith
disdain. This cannot be countenanced as it seriously impedes the administration of
justice .
Accordingly, the Notice of Contest filed by the Respondent is dismissed. The
Secretary’s citation(s) and proposed penalties are AFFIRMED inall respects.
u/
Judge ’
DATE: JAbi 0 6 1994
Washington ) Do C l
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