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