_____________________________________
ROBERT B. REICH, SECRETARY OF LABOR, )
)
Complainant, )
)
v. ) OSHRC Docket Nos.
) 91-3436, 91-3437,
McCRORY STORES, DIV. OF McCRORY ) 91-3438, 91-3439
CORPORATION and J.J. NEWBERRY )
STORES, DIV. OF J.J. NEWBERRY )
COMPANY, )
)
Respondents. )
_____________________________________)
Pursuant to Commission Rule 40, 29 C.F.R. 2200.40 (1992), Complainant, the Secretary of Labor (hereinafter the "Secretary"), and Respondents (hereinafter "McCrory") hereby request that further proceedings in these matters be stayed because the parties have reached an agreement in settlement of these matters, subject to certain approvals required under the bankruptcy laws. The requested stay will allow time for those approvals to be obtained, following which the settlement agreement will be submitted to the Commission. In support of this request, movants state as follows:
1. This is a proceeding on notices of contest of citations issued by the Secretary to McCrory in the above-captioned cases. The cases are before the Commission on a petition for interlocutory review of the Administrative Law Judge's denial of McCrory's motion for partial SUMMARY judgment. On April 5, 1993, both the Secretary and McCrory filed briefs in this matter. Oral argument has been set for June 10, 1993.
2. On May 4, 1993, the parties reached a settlement agreement that resolves all issues in the above captioned cases, subject to certain bankruptcy-related approvals as set forth below. A copy of the settlement agreement is attached hereto as Appendix A.
3. The parties request a stay in light of related bankruptcy proceedings that affect the penalty portion of the settlement agreement. McCrory Corporation and J.J. Newberry Co. are debtors in possession in Chapter 11 bankruptcy cases pending in the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court"). Pursuant to the settlement agreement, the resolution of the penalty to be assessed in these matters must be approved by the Official Committee of Unsecured Creditors and the Bankruptcy Court. Once the Official Committee of Unsecured Creditors and the Bankruptcy Court approves allowance of the amended proposed penalty as a general unsecured claim, the parties formally will submit the settlement agreement to the Commission.
4. A stay is appropriate to conserve the resources of both the Commission and the parties. Since all abatement issues and all penalty issues (subject to the bankruptcy-related approvals set forth above) are resolved, this settlement agreement obviates the need for the Commission and the parties to devote further time and expense to litigation of this matter, including engaging in oral argument of the issues.
5. The parties have a good faith belief that the appropriate approvals will be obtained in the bankruptcy proceedings. However, in the event that such approvals are not received, the parties will promptly notify the Commission and request the stay to be lifted under the terms of the agreement.
WHEREFORE, the parties respectfully request the Commission to stay further proceedings in this case.
FOR RESPONDENTS: FOR COMPLAINANT:
J.J. NEWBERRY STORES JUDITH E. KRAMER
Division of J.J. Newberry Co. Deputy Solicitor of Labor
McCRORY STORES JOSEPH M. WOODWARD
Division of McCrory Corp. Associate Solicitor for
Occupational Safety and
Health
SUE ANN WOLFF
Senior Trial Attorney
ROBERT P. DAVIS PATRICK D. GILFILLAN
Attorney for Respondents Attorney
Mayer, Brown & Platt U.S. Department of Labor
2000 Pennsylvania Ave., NW Office of the Solicitor
Suite 6500 200 Constitution Ave., NW
Washington, DC 20006 Room S-4004
Tel: 202/463-2000 Washington, DC 20210
Tel: 202/219-6610
______________________________________
ROBERT B. REICH, SECRETARY OF LABOR, )
United States Department of Labor, )
)
Complainant, )
)
v. ) OSHRC
) DOCKET
) Nos.
) 91-3436
McCRORY STORES, DIV. OF McCRORY )
CORPORATION, & ) 91-3437
J.J. NEWBERRY STORES, DIV. OF J.J. )
NEWBERRY CO., ) 91-3438
) 91-3439
Respondents. )
______________________________________)
Based upon the following recital, the Complainant and the Respondents herein agree to the following as a conclusion of these matters:
1) This Agreement is made by and between Robert B. Reich, Secretary of Labor (the "Secretary"), United States Department of Labor, Complainant before the United States Occupational Safety and Health Review Commission (the "Commission"), and Respondents McCrory Stores ("McCrory Stores"), a division of McCrory Corporation, and J.J. Newberry Stores ("J.J. Newberry"), a division of J.J. Newberry Co. (McCrory Stores and J.J. Newberry are referred to herein collectively as "Respondents" or "McCrory").
2) Subject to satisfaction of the express conditions precedent set forth in section 6 of this Settlement Agreement and pursuant to said section 6:
a) Complainant hereby amends the proposed penalties as set forth in the underlying complaints and citations, to reflect for all of the cases set forth in the caption above a total amended proposed penalty of $500,000.00, to be scheduled as an allowed general claim in the Respondents' Chapter 11 cases as set forth in section 6(b) of this Settlement Agreement.
b) Complainant hereby amends the classification of the violations in all citations and complaints to "violations issued pursuant to Section 17 of the Occupational Safety and Health Act."
3) a) Subject to satisfaction of the express conditions precedent set forth in section 6 of this Settlement Agreement and pursuant to said section 6, Respondents herein withdraw their notices of contest and answers as to the citations, complaints and proposed penalties, as amended.
b) Respondents affirmatively state that all alleged violations in the citations and complaints have been abated at McCrory Store # 7239 (Copiague, New York), McCrory Store # 217 (Lake Grove, New York) and J.J. Newberry Store # 6505 (Hicksville, New York). Former McCrory Store # 363, Walt Whitman Mall, Huntington Station, New York, is no longer in existence.
c) Respondents will implement and perform the abatement plan set forth in Attachment 1 to (and incorporated by reference in) this Settlement Agreement at all McCrory Stores and J.J. Newberry retail store locations nationwide. The duration of the abatement program set forth in Attachment 1 shall be three years starting from May 4, 1993.
d) Upon the entry of this Settlement Agreement as a Final Order of the Commission, the amended proposed penalty of $500,000.00 will be allowed as a general unsecured claim as set forth in section 6(b) of this Settlement Agreement. Distributions on the allowed general unsecured claim will be made pursuant to the provisions of a confirmed Plan of Reorganization for McCrory Corporation, which shall be subject to a final unappealable order of the United States Bankruptcy Court for the Southern District of New York (the "Plan of Reorganization"). Distributions under the Plan of Reorganization shall be made to "Occupational Safety and Health Administration-Labor" to the Occupational Safety and Health Administration Office located at 990 Westbury Road, Westbury, New York 11590.
4) Respondents certify that upon approval of this Settlement Agreement by the United States Bankruptcy Court for the Southern District of New York, as set forth in section 6 herein, they will post this Settlement Agreement until this Settlement Agreement is entered as a Final Order of the Commission, at McCrory Store # 7239 (Copiague, New York), McCrory Store # 217 (Lake Grove, New York) and J.J. Newberry Store # 6505 (Hicksville, New York) where affected employees at those stores may see it.
5) The parties agree that the Secretary is entitled to an Order under Section 11(b) of the Act, 29 U.S.C. 660(b), in the United States Court of Appeals enforcing this Settlement Agreement and the Commission's Final Order arising from it. The Respondents consent to the entry of such an Order, the form of which is attached to this Settlement Agreement as Attachment 2.
6) a) The parties to this Settlement Agreement expressly recognize the following conditions precedent to the obligations contained in this Settlement Agreement. McCrory Corporation and J.J. Newberry Co. are debtors in possession in Chapter 11 bankruptcy cases pending in the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court"), In re McCrory Corporation. et al., Debtors, Chapter 11 Case Nos. 92-B-41133(CB) - 92-B-41160(CB)(Bankr. S.D.N.Y.)(hereinafter "In re McCrory Corporation"). Respondents' obligations to allow the amended proposed penalty as a general unsecured claim under this Settlement Agreement must be approved by the Official Committee of Unsecured Creditors in In re McCrory Corporation and a final unappealable order approving the allowance of the amended proposed penalty as a general unsecured claim must be entered by the Bankruptcy Court in In re McCrory Corporation. Respondents' abatement obligations pursuant to this Settlement Agreement are not, however, subject to approval by the Official Committee of Unsecured Creditors or the Bankruptcy Court. Accordingly, the parties shall not submit this Settlement Agreement to the Commission for entry as a Final Order until the allowance of the amended proposed penalty as a general unsecured claim has been approved by the Official Committee of Unsecured Creditors and the Bankruptcy Court, as set forth in section 6(b). In consideration of the mutual promises exchanged, this Settlement Agreement shall not be revoked or amended pending the entry of this Settlement Agreement as a Final Order of the Commission, except pursuant to section 6(c) of this Settlement Agreement.
b) McCrory will promptly submit this Settlement Agreement to the Official Committee of Unsecured Creditors for approval as provided above in section 6(a). Upon such approval by the Official Committee of Unsecured Creditors, McCrory will file a motion with the Bankruptcy Court pursuant to Bankruptcy Rule 9019 for entry of an order (the "Bankruptcy Approval Order") providing that the amended proposed penalty be allowed as a general unsecured claim in the amount of $500,000.00. Upon entry of the Bankruptcy Approval Order and once that Order is final and unappealable, the parties will promptly submit this Settlement Agreement for entry of a Final Order by the Commission.
c) In the event that the Official Committee of Unsecured Creditors or the Bankruptcy Court disapproves allowance of the amended proposed penalty as a general unsecured claim, the parties shall be returned to their respective positions status quo ante the execution of the Settlement Agreement for further proceedings before the Commission.
7) Respondents deny any and all violations of the Act. None of the agreements, statements, stipulations, and actions taken by Respondents herein shall be taken as an admission by Respondents of the allegations contained in the citations, notifications of penalties, and the complaints. None of the foregoing agreements, statements, stipulations, and actions taken by Respondents herein shall be used for any purpose, including as evidence in any proceeding in any court, agency, or forum, except for proceedings under the Act. By entering into this Settlement Agreement Respondents do not, except for actions by the Secretary to enforce this Settlement Agreement, waive any defenses they asserted heretofore in connection with these proceedings and Respondents reserve the right to assert those defenses in any future proceedings under the Act except in proceedings by the Secretary to enforce this Settlement Agreement. This section 7 shall survive termination of this Settlement Agreement.
8) This Settlement Agreement resolves all of the issues underlying Complainant's claims that Respondents violated the Act as set forth in the underlying complaints and citations.
9) Each party hereby agrees to bear its own fees and other expenses incurred by such party in connection with any stage of these proceedings.
10) a) All parties have read this entire Settlement Agreement and fully understand its content and have had the benefit and advice of their counsel before entering this Settlement Agreement.
b) The parties represent that their execution of this Agreement is not restricted by any legal disability, except as necessarily pertains to Respondents' Chapter 11 cases and the United States Bankruptcy Code.
c) This Settlement Agreement shall constitute the entire understanding between the parties.
d) This Settlement Agreement can be executed in one or more original counterparts, each of which shall be effective when taken together as a whole.
DATED: May 4, 1993
New York, New York
FOR THE RESPONDENTS: FOR THE COMPLAINANT:
McCRORY STORES DAVID ZIEGLER
Division of McCrory Corporation Acting Assistant
Respondent: Secretary, OSHA:
By:
George B. Stephens, Jr., Vice President
J.J. NEWBERRY SCORES JUDITH E. KRAMER
Division of J.J. Newberry Co. Deputy Solicitor of
Respondent: Labor
PATRICIA M. RODENHAUSEN
By: Regional Solicitor
George B. Stephens, Jr., Vice President
STEPHEN D. DUBNOFF
Counsel for Occupational
Safety and Health
ROBERT P. DAVIS SUE ANN WOLFF
Attorney for Respondents Senior Trial Attorney
PATRICK GILFILLAN
Attorney
WILLIAM D. GOLDBERG BARNETT SILVERSTEIN
Attorney for Respondents Attorney
This Attachment 1 is incorporated by reference in that certain Settlement Agreement dated May 4, 1993 (the "Settlement Agreement") between the Secretary of Labor and McCrory Stores ("McCrory Stores"), a division of McCrory Corporation and J.J. Newberry Stores ("J.J. Newberry"), a division of J.J. Newberry Co. For purposes of this Attachment 1, McCrory Stores and J.J. Newberry are referred to collectively as "McCrory."
This Attachment 1 covers the retail store locations owned and operated by McCrory during the period set forth in section 3(c) of the Settlement Agreement (those locations are referred to herein as the "McCrory Establishments"). A list of the McCrory Establishments existing as of the date the Settlement Agreement has been executed by the parties is attached hereto as Appendix A, which is incorporated herein by reference. The term "Effective Date" as used in this Attachment 1 shall be May 4, 1993.
I. Training: At McCrory Establishments, Respondents shall develop and implement a fire safety training program for all employees, as described below.
A. Implementation of the Program: Respondents shall develop a written training program for supervisory and non- supervisory employees at McCrory Establishments on applicable fire and emergency evacuation procedures and standards or regulations for the McCrory Establishment. The written training program shall incorporate the provisions of this Attachment 1 as outlined below in section I(B), and shall include video training aids for both supervisory and non-supervisory employees.
By no later than July 4, 1993, Respondents will deliver the written training program, consistent with the requirements of this Attachment 1, to the Occupational Safety and Health Administration's Office of Field Programs, 200 Constitution Avenue N.W., Washington, D.C. 20210, for approval, which approval shall not be unreasonably withheld. Respondents shall make a videotape or videotapes as part of the written training program. In view of the time and expense required to produce and duplicate the videotapes, Respondents will furnish a detailed outline of the videotape programs as part of the written training program to be submitted to OSHA under this paragraph. OSHA shall notify Respondents in writing of its approval or disapproval of the written training program by no later than August 18, 1993 and the written training program will be deemed approved by OSHA if the written training program is not disapproved within that period. The parties agree to work together in good faith to resolve any reasonable objections to the written training program. A copy of the Respondents' written training program to be implemented pursuant to this Attachment 1 will be deemed attached hereto as Appendix B.
By no later than October 18, 1993, Respondents shall commence implementation of the written training program at each of the McCrory Establishments as set forth herein.
B. Training and Education Components of the Program: 1. Training of non-supervisory employees:
Respondents shall ensure that each employee at McCrory Establishments receives fire and emergency evacuation training of at least one-half (1/2) hour in duration, with time for questions and answers. This training shall include: training which thoroughly covers the fire and emergency evacuation procedures set forth in Respondents' Store Operations Manual Sections 9210 (Life Safety), 9220 (Safety Self-Inspection) and 9225 (Fire Safety) and any successor procedures; full employee participation in drills to practice fire and other emergency evacuation of the McCrory Establishment ("Employee Drills"), inclusive of ascertaining the amount of time necessary to evacuate and secure each McCrory Establishment during said Employee Drills; and the need for reporting emergency conditions immediately to employees. Special emphasis shall be given to training regarding the safety procedures to be followed in the event of fire or other emergency, and shall specifically include displaying to each employee at a McCrory Establishment schematic drawings or representations showing the location of all emergency exits at that McCrory Establishment. Any employee at a McCrory Establishment who has not been given the opportunity to participate in an Employee Drill since March 1, 1993, shall be given that opportunity by December 18, 1993, and at least once every one hundred eighty (180) days thereafter. Any newly hired employees at a McCrory Establishment must receive this training before commencing work.
This training, other than the Employee Drills, shall be conducted no later than February 18, 1994, and annually thereafter.
2. Supervisory Training: In addition to the training set forth in section I(B)(1), supervisors shall also receive additional training for fire and emergency evacuation procedures within their respective areas of responsibility. The training shall emphasize: ensuring that all employees know what to do and where to go in the event of a fire or other emergency; the requirement that no employee be exposed to hazards arising from fire or other emergency; procedures for safe store evacuation in the event of fire or other emergency; penalties for permitting employees to work during fire or other emergencies or during Employee Drills; and actions to assure that every employee participates in the Employee Drills conducted at every location, as specified in section I(B)(1) above. Following development of the training program, newly hired or promoted supervisors shall receive the specified training prior to their assuming their duties.
The training shall be completed no later than February 18, 1994 and annually thereafter.
3. Interim protection: Respondents represent that an Employee Drill has been conducted at each McCrory Establishment at least once during the six months prior to the Effective Date. Prior to completion of the above training program, Respondents will require each McCrory Establishment to conduct Employee Drills on the six month schedule provided in Sections 9210 and 9225 of the McCrory Operations Manual. The manager of each McCrory Establishment must certify to the senior manager designated by Respondents for this purpose that these Employee Drills have been conducted.
4. As part of annual safety meetings, the manager of each McCrory Establishment will review instructions in the requirements of store evacuation, fire and other emergencies with all employees at that McCrory Establishment. The first such meeting shall be held no later than February 18, 1994 and annually thereafter.
5. At the conclusion of a training session, Respondents shall certify that employee and supervisor training has been accomplished. The certification shall contain a statement that all employees and supervisors at the McCrory Establishment have been trained, the date(s) of training, and the name(s) of the person(s) performing the training. Respondents shall maintain a certification as to each employee on file, and make them available, upon request, to the Secretary of Labor and to employees and employee representatives. By January 4, 1994, Respondents shall provide the Occupational Safety and Health Administration's Office of Field Programs, 200 Constitution Avenue N.W., Washington, D.C. 20210 with a report which will include all written and other materials for training, instruction, or guidance disseminated by Respondents or their agents to employees in all McCrory Establishments. The report shall also certify that all actions required by Section III of Attachment 1 have been implemented.
II. Audit Program: At each of the McCrory Establishments, Respondents shall conduct compliance audits to determine whether each of the McCrory Establishments is in compliance with the standards, regulations, and the specific abatement measures prescribed by this agreement for the citations for violations of section 5(a)(1) of the Act that were the subject of OSHRC Docket Nos. 91-3436; 91-3437; 91-3438; and, 91- 3439. In addition, the audits shall determine whether all employees and all supervisors at that McCrory Establishment are trained in fire and emergency evacuation procedures and are all participating in Employee Drills, whether additional training is needed for instances of recurring problems or to explain further the procedures for following the fire and emergency evacuation procedure requirements, and whether additions to the program in this Attachment 1 should be made.
The first audit of each McCrory Establishment shall be conducted by October 18, 1994, and each McCrory Establishment shall be audited annually thereafter, except that there shall be one additional audit at certain McCrory Establishments as provided in this paragraph below. The audit will include findings and recommendations for each specific problem identified. If the compliance audit finds that the applicable fire and emergency evacuation procedures were not being complied with, or that full participation during Employee Drills was not achieved, immediate corrective action shall be taken. In addition, management shall, within twenty (20) days of receipt of the compliance audit, provide a written response specifying each problem identified and outlining the corrective actions taken or planned for each of the problems identified. If management reasonably determines in good faith that the problems identified or corrective actions proposed raise novel or complex issues, an additional twenty (20) days will be allowed for management to respond. If, as a result of the second annual audit (which must be conducted by October 18, 1995), corrective action or a management response to the audit of a McCrory Establishment is required pursuant to this paragraph, that McCrory Establishment will be subjected to an additional audit after October 18, 1995. The audit findings, and management's response, if any, shall be sent to the OSHA National Office of Field Programs, located at Occupational Safety and Health Administration, United States Department of Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210, within ten (10) days after the end of the month in which management has responded to the audit report (or the audit report has been received, if there is no management response), unless extended as provided above. In the case of an additional audit, the audit findings, and management's response, if any, shall be sent to OSHA as provided above, but no later than April 4, 1996.
III. Lines of Authority: Respondents shall establish in writing a management hierarchy creating lines of authority and assigning responsibility for assuring compliance with the terms of the Settlement Agreement. Authority and responsibility shall be assigned to store management in the first instance, and then to intermediate supervisors in the management hierarchy charged with oversight of store management (including the intermediate supervisor or supervisors charged with overall responsibility for safety at McCrory Establishments).
IV. Entry onto Company Facilities: Respondents agree to allow OSHA access to the McCrory Establishments and appropriate documents to determine compliance with the Settlement Agreement and to conduct compliance inspections under the Act.
V. Reports: Quarterly written reports shall be submitted to the Occupational Safety and Health Administration's Office of Field Programs in Washington, D.C. A copy shall also be provided upon request to employees and employee representatives, if any. The reports shall describe all activities undertaken pursuant to this Attachment 1 to carry out the terms of the Settlement Agreement, and each report shall indicate the opening or closing of any McCrory Establishments during the period covered by the report. The first such report shall be submitted by December 18, 1993 and quarterly thereafter during the term of the abatement program pursuant to the Settlement Agreement. After the submission of six (6) quarterly reports, such reports may be submitted annually, unless at any time OSHA determines that such reports are no longer useful or necessary at any or all of the McCrory Establishments.
VI. Dispute Resolution: If OSHA determines that Respondents are in violation of specific articles or provisions of this agreement, OSHA will state its points of disagreement in writing so that Respondents may review them. OSHA and Respondents will then engage in good faith discussions to resolve this disagreement. This paragraph shall not limit OSHA's right to use, as appropriate, enforcement methods provided by the Act, subject to the provisions therefor in the Settlement Agreement.
VII. Input from Employees: For all the McCrory Establishments, input from employees, and from employee representatives and safety and health committees (including union safety and health committees), if any, shall be sought during the annual training sessions required in section I(B)(1) and considered in carrying out the provisions of the Settlement Agreement, including the development and implementation of the training programs and audit program outlined in this Attachment 1. "Employee representative" shall mean the collective bargaining agent, if any, at the particular McCrory Establishment.
VIII. Treatment of Confidential Material: The parties agree that the reports generated by the activities described in Attachment 1 shall be handled pursuant to 15 of the Occupational Safety and Health Act (29 U.S.C. 664), 18 U.S.C. 1905, and 29 C.F.R. 1903.9. Respondents shall have the obligation to identify the document, information, or portions thereof, that contain proprietary or business confidential material.
_________________________________________________
ROBERT B. REICH, Secretary of Labor, )
United States Department of Labor, )
)
Complainant, )
) Docket No.
v. ) 93-
)
McCRORY STORES, DIV. OF McCRORY CORPORATION, & )
)
J.J. NEWBERRY STORES, DIV. OF J.J. NEWBERRY CO., )
Respondents. )
_________________________________________________)
CONSENT DECREE ENFORCING FINAL ORDER OF THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
This cause was submitted on the application of the Secretary of Labor for entry of a judgment against respondents, McCrory Stores ("McCrory Stores"), a division of McCrory Corporation, and J.J. Newberry Stores ("J.J. Newberry"), a division of J.J. Newberry Co. (McCrory Stores and J.J. Newberry are referred to collectively as "McCrory"), enforcing a Final Order of the Occupational Safety and Health Review Commission (the "Commission") dated _____________, 1993. McCrory consents to entry of a decree enforcing this Final Order under the terms of the Settlement Agreement attached and incorporated by reference herein.
Therefore, pursuant to Section 11(b), 29 U.S.C. 660(b)(1982) of the Occupational Safety and Health Act of 1970 (the "Act"), 29 U.S.C. 651-678, it is hereby ORDERED, ADJUDGED AND DECREED that:
1. The Commission's Final Order of ______________, 1993 is hereby enforced in accordance with the terms of the attached Settlement Agreement.
2. McCrory shall comply with the Commission's Final Order enforced here and shall comply with all terms of the Final Order and the Settlement Agreement.
3. McCrory shall also cease and desist from violating in any like or related manner any of the standards, regulations, or provisions of the Act referred to in the Settlement Agreement and the Final Order.
Entered by Order of the Court:
Clerk
United States Court of Appeals
for the Second Circuit
Date:
On this 4th day of May, 1993, the foregoing Order is consented
to:
FOR THE RESPONDENTS: FOR THE COMPLAINANT:
McCRORY STORES DAVID ZIEGLER
Division of McCrory Corporation Acting Assistant
Respondent: Secretary, OSHA:
By:
George B. Stephens, Jr., Vice President
J.J. NEWBERRY SCORES JUDITH E. KRAMER
Division of J.J. Newberry Co. Deputy Solicitor of
Respondent: Labor
JOSEPH M. WOODWARD
By: Associate Solicitor
George B. Stephens, Jr., Vice President for Occupational Safety
and Health
ROBERT P. DAVIS ANN ROSENTHAL
Attorney for Respondents Counsel for Appellate
Litigation
WILLIAM D. GOLDBERG
Attorney for Respondents
CERTIFICATE OF SERVICE
I hereby certify that on
I served a copy of the attached Settlement Agreement on
_________________________________________ the authorized
employee representative at the following address:
This service was accomplished by mailing the Settlement Agreement
to the representative at this last known address by postage
prepaid first class mail.
NAME:__________________
TITLE:___________________
CERTIFICATE OF SERVICE
I hereby certify that on ___________________________________
I personally delivered a copy of the attached Settlement
Agreement to
________________________________________ the authorized employee
representative at the following address:
NAME:___________________
TITLE:___________________
CERTIFICATION OF NONREPRESENTATION
I hereby certify that there is no authorized employee
representative for the employees affected by the action which is
the subject of the attached Settlement Agreement.
NAME:___________________
TITLE:___________________