SECRETARY OF LABOR,
Complainant,
v.
CONOCO, INC.,
Respondent.
OSHRC DOCKET NO. 85-0632
ORDER
Because ten days have elapsed since a copy of the settlement agreement was served on the
representative of the employee party and there has been no objection made, the Commission
affirms Administrative Law Judge Goldstein's order which approved the parties' settlement
agreement.
FOR THE COMMISSION
Ray H. Darling, Jr.
Executive Secretary
Dated: NOV 13, 1986
SECRETARY OF LABOR,
Complainant,
v.
CONOCO, INC.,
Respondent,
OSHRC DOCKET NO. 85-0632
OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, Local 2-470,
Authorized Employee
Representative.
ORDER
The Settlement Agreement filed by the parties on August 1, 1986, is hereby approved.
Sidney J. Goldstein
Judge, OSHRC
Dated: September 10, 1986
WILLIAM E. BROCK,
SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR,
Complainant,
v.
CONOCO INC.,
Respondent.
OSHRC DOCKET NO. 85-0632
STIPULATION AND SETTLEMENT AGREEMENT
William E. Brock, Secretary of Labor, United States Department of Labor, hereinafter
referred to as the "Secretary," and Conoco Inc., hereinafter referred to as the
"respondent," stipulate and agree as follows:
1. Respondent hereby withdraws its notice of contest to items 1(a) and 2(a) of citation
number 8. In support of its withdrawal, respondent states:
(a) That the abatement of items 1(a) and 2(a) of citation number 8 has been accomplished
and agrees that the date of entry of record of this settlement proposal by the Commission
shall be the final abatement date for said items.
(b) That a copy of this stipulation and settlement agreement was posted at respondent's
workplace on August 1, 1986, at Mechanical Shop Bulletin Board, Conoco Refinery, Billings,
Montana, and other bulletin boards at said refinery,
where it may be viewed by its employees; that affected employees are represented by Oil,
Chemical, and Atomic Workers International Union, (A.F.L.-C.I.O.), Local No. 2-470 and,
that a copy of this stipulation and settlement agreement has been served on Dale Flack,
Secretary, Union Local No. 2-470 Representative, by [personal delivery] this 1st day of
August,1986.
2. The Secretary agrees that he shall not use, or cause to be used, this withdrawal of
Notice of Intent to Contest by Conoco Inc., or items number 1(a) and 2(a) of said citation
number 8 in any way or as a basis for any subsequent proceeding against Conoco Inc. The
Secretary agrees that said citation items shall not form a basis or be utilized by the
Secretary in any repeat, serious, willful or other violations or failure to abate
citations later assessed or asserted against Conoco Inc., in any similar subsequent
proceedings. The Secretary agrees that for all precedential or administrative purposes,
citation 8, items 1(a) and 2(a) shall be considered a nullity.
3. It is understood and agreed that this settlement agreement is a compromise of disputed
claims, and this withdrawal of Notice of Intent to Contest shall not be construed by the
Secretary as an admission as to the validity of citation 8, items 1(a) and 2(a) by Conoco
Inc. The parties enter into this settlement agreement to avoid further litigation and buy
their peace with the understandings set forth herein.
4. Conoco Inc. agrees to abide by all existing and valid rules and regulations of the
Secretary pertaining to asbestos removal unless such rules and regulations are legally
stayed in which case Conoco Inc., will agree to abide by the then existing valid rules and
regulations.
5. The Secretary and respondent agree that based on the foregoing representations of
respondent, an order may be entered of record showing that respondent has withdrawn its
notice of contest and entering the citation as a final order of the Commission.
6. 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 1st day of August, 1986.
George R. Salem
Deputy Solicitor of Labor
Veeder, Broeder & Michelotti, P.C.
Tedrick A. Housh, Jr
.Regional Solicitor
David A. Veeder
Attorneys for Respondent
Jaylynn K. Fortney
Deputy Regional Solicitor
Attorneys for
William E. Brock,
Secretary of Labor,
U.S. Department of Labor
RESPONDENT
CONOCO INC.
Robert Holtsmith, Billings
Refinery Manager