“SECRETARY OF LABOR,Complainant,v.CERRO COPPER PRODUCTS COMPANY,Respondent.OSHRC Docket No. 83-1171_DECISION_Before: BUCKLEY, Chairman; RADER and WALL, Commissioners.BY THE COMMISSION:The United States Court of Appeals for the Seventh Circuit has reversedthose portions of the orders issued on April 16, 1984, and October 31,1984, by former Commission Administrative Law Judge Paul E. Dixonsuppressing the evidence gathered pursuant to two inspection warrantsobtained by the Secretary of Labor. _Secretary of Labor v. Cerro CopperProducts Co_., No. 85-1033 (7th Cir. April 22, 1986)(unpublishedorder). The court remanded the case to the Commission \”with directionsto approve the safety and health inspection warrants.\” Accordingly, theportions of the aforementioned orders invalidating the Secretary’swarrants and suppressing evidence are vacated. The case is remanded tothe Chief Judge for further proceedings on the merits of the citationitems vacated as a result of Judge Dixon’s orders suppressing theevidence gathered under the warrants.FOR THE COMMISSIONRay H. Darling, Jr.Executive SecretaryDATED: August 8, 1986————————————————————————SECRETARY OF LABOR,Complainantv.CERRO COPPER PRODUCTS COMPANY, ACORP.,RespondentOSHRC DOCKET 83-1171_ORDER ON PARTIAL SETTLEMENT AGREEMENT_The partial settlement agreement signed by the parties in the instantcase and dated September 12, 1984, is approved and the motions containedtherein are granted; respondent’s motion to withdraw its notice ofcontest to items 7, 9 and 10 of citation and notification of penaltynumber 1, as amended in the partial settlement agreement, is granted. Pursuant to said partial settlement agreement, the following dispositionof items 7, 9 and 10 of citation and notification of penalty number 1 isapproved:1. Item 7 of citation number 1 for serious violations is herebyaffirmed, along with the amended penalty of $100;2. Item 9 of citation number 1 for serious violations is herebyvacated, including the withdrawal of the proposed penalty of $320;3. Item 10 of citation number 1 for serious violations is herebyaffirmed, along with the amended penalty of $160.Pursuant to the order suppressing evidence on April 16, 1984, in theinstant case, the remaining items of alleged violation contained incitation and notification of penalty numbers 1 and 2 are hereby vacated,along with the respective proposed penalties, for the reasons set forthin said order.Paul E. Dixon,Judge, OSHRCDATE: October 31, 1984″