United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

 

SECRETARY OF LABOR,

Complainant,

v. OSHRC DOCKET NO. 19-9999

ABC COMPANY, 

Respondent,

XYZ INTERNATIONAL UNION and ITS 

LOCAL UNION 123,

Authorized Employee Representative.

JOINT NOTIFICATION OF FULL SETTLEMENT 

The parties respectfully notify the Court that the parties have fully settled the above 

captioned case and have executed [a formal] [an informal] settlement agreement. 

CERTIFICATION OF CITATION ITEMS FULLY SETTLED

The parties certify that all citation items in this case have been fully settled. All settled 

citation items are set forth, on a separate row, in the following chart. Commission Rule 

100(b)(1)(i).1

Citation No. Item No. Resolution: Settled / Withdrawn

1 1 settled

1 2(a) settled

1 2(b) withdrawn

2 1 settled

 1 OSHRC’s new Rules of Procedure were effective June 10, 2019 and all references contained herein refer 

to these revised Rules. Rules of Procedure, 84 Fed. Reg. 14554 (April 10, 2019) (to be codified at 29 C.F.R. 

pt. 2200). (https://www.federalregister.gov/documents/2019/04/10/2019-06581/rules-of-procedure). 
2

CERTIFICATION OF SERVICE

The parties certify that the executed settlement agreement was served on the authorized 

employee representative of the affected employees2 in a manner prescribed in Commission Rule 

7(c) on the following date: ____June 10, 2019__________. Commission Rules 7(f); 100(b)(1)(ii); 

100(c). 

CERTIFICATION REGARDING PARTY WHO HAS ELECTED PARTY STATUS

The parties certify that any party who has elected party status, under Commission Rule 20, 

has been afforded an opportunity to provide input on all matters pertaining to the settlement before 

the settlement agreement was finalized.3 Commission Rule 100(b)(1)(iii).

CERTIFICATION WHETHER SETTLEMENT INCLUDES PLEADING WITHDRAWAL, AND 

WHETHER THE WITHDRAWAL IS WITH PREJUDICE

In the following chart, the parties certify the status of any citations, notifications, notices, 

or petitions, withdrawn in the settlement agreement, and certify whether the withdrawal was with 

 2 If all affected employees are not represented by an authorized employee representative, an 

additional certification of posting shall be included in the Joint Notification of Full Settlement. 

Commission Rules 7(g); 100(b)(1)(ii); 100(c). The settlement agreement shall remain posted for 

fourteen (14) days. 

The parties certify that the settlement agreement was posted at a location prescribed by 

Commission Rule 7(g) on the following date: ____________________________. 

3 Affected employees or their representatives, who have elected party status, shall be afforded an 

adequate opportunity to provide input on all matters pertaining to the settlement before the 

agreement is finalized. The method and degree of affected employee input received during the 

settlement process is the responsibility of the Secretary. The Commission or Judge have discretion 

to entertain claims that affected employees did not have an opportunity to provide input in the 

settlement process before the settlement agreement was finalized. Boise Cascade Corp., 14 BNA 

OSHC 1993, 1994-97 (No. 89-3087, 1991) (consolidated); OSHRC Rules of Procedure, 84 Fed. 

Reg. at 14557. 

The Secretary and the Employer must consider any input during settlement negotiations on 

any matter affecting settlement that is provided by affected employees or authorized employee 

representatives who have elected party status. Nevertheless, the Secretary and the Employer have 

the legal authority to settle a matter on terms that are not consistent with that input. After the 

Secretary and the Employer have agreed to the terms of a settlement, affected employees and 

authorized employee representatives, regardless of party status in the case, have legal standing to 

challenge only the reasonableness of the time period for abatement stated in the settlement 

agreement. Id.; Gen. Elec., Co., 14 BNA OSHC 1763, 1766 (No. 88-2265, 1990). 
3

or without prejudice. Each citation item and notification of proposed penalty withdrawn is included, 

on a separate row, in the chart. Commission Rule 100(b)(1)(iv).

Pleading Withdrawal - With or Without Prejudice

Citation 1, Item 2(b) With prejudice

Notification of Proposed Penalty 

– Citation 1, Item 2(b)

With prejudice

Notice of Contest With prejudice

ACKNOWLEDGEMENT THAT THE PARTIES HAVE NOT PROVIDED THE SETTLEMENT 

AGREEMENT WITH THIS JOINT NOTIFICATION.

The parties confirm that they have not incorporated the settlement agreement in, or append 

it to, this joint Notification of Settlement. See Commission Rule 100(b)(2). 

DRAFT ORDER TERMINATING PROCEEDING.

The parties confirm that they have filed, for execution by the Judge, a draft Order 

Terminating Proceeding, acknowledging that the parties have resolved contested citation items and 

agreed to terminate the proceeding before the Commission, pursuant to Commission Rules

100(b)(3); 100(c). 

Date: ___June 11, 2019___________________

Name

Solicitor of Labor

Name

Regional Solicitor

Name

Associate Regional Solicitor
4

/s/_____________________

Name

Senior Trial Attorney (Trial Attorney)

Attorney for Complainant

U.S. Department of Labor

Office of the Solicitor

Street Address

City, State, Zip Code

Phone Number

Email Address

/s/_______________________________

Name

[Title] Attorney for Respondent

[Title] Representative for Respondent

[Title – Self Represented] ABC Company, 

President, General Manager, Safety Director, 

etc.

Firm / ABC Company

Street Address

City, State, Zip Code

Phone Number

Email Address

_/s/____________________________

Name

[Title] Attorney for Authorized Employee Representative

[Title] Authorized Employee Representative / Safety 

Director / Local President / Business Agent, etc.

Authorized Employee Representative [Union] Name

Street Address

City, State, Zip Code

Phone Number

Email Address
5

CERTIFICATE OF SERVICE

[Represented parties – mandatory electronic filing].

This is to certify that service of the Joint Notification of Settlement filed in the 

Commission’s E-File System was also simultaneous served by email attachment to the parties 

listed below on ______________________

[Self-Represented party – non-electronic filing].

This is to certify that a copy of the Joint Notification of Settlement was served by first 

class, postage prepaid, U.S. Mail to the parties listed below on ______________________

___/s/______________________

Name Title

Company / Firm Name / Office of the Solicitor

Street Address

City, State, Zip Code

Email Address