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SECRETARY OF LABOR, United States )
Department of Labor, )
)
Complainant, ) DOCKET NO. 87-1955
)
v. ) REGION I
)
TPMI/MACOMBER, A JOINT VENTURE, )
)
Respondent. )
____________________________________)
Complainant and Respondent hereby stipulate and agree that:
(1) On October 22, 1987 Respondent was cited for alleged violations of the Occupational Safety and Health Act of 1970, 29 USC 651, et seq., hereinafter referred to as the Act, and was issued a Notification of Proposed Penalty in the total amount of $2,475,000.00.
(2) Respondent, an employer within the meaning of section 3(5) of the Act, duly filed with a representative of the Secretary of Labor a notice of intent to contest in their entirety all citations. This notice was duly transmitted to the Review Commission and it is agreed that jurisdiction of this proceeding is conferred upon said Commission by section 10(c) of the Act.
(3) The Secretary of Labor has filed a Complaint herein stating with particularity the violations alleged, the penalties proposed and the issues in contest before the Commission, and the Respondent has filed an Answer, denying the allegations of violations of the Act.
(4) As a result of consideration by Complainant of the unique circumstances presented in this matter, and in cooperation with the efforts of the L'Ambiance Plaza Litigation State-Federal Mediation Panel ("Mediation Panel"), the Complainant hereby waives the collection of all penalties in this matter, except that as partial restitution to the Complainant for the extraordinary costs incurred in the investigation and litigation of this matter, Respondent hereby agrees to payment to the Complainant of $100,000.00 for deposit into the Treasury of the United States.
(5) Respondent hereby withdraws its Notice of Contest of the citations and proposed penalties, collection of which Complainant hereby waives, as described above in paragraph (4).
(6) Respondent certifies that the violations alleged have been abated and Respondent agrees to comply with the Act in all respects in the future.
(7) Respondent further certifies that the original Notice of Contest and a copy of this agreement have been posted and that all pleadings and documents in this matter have been served in accordance with Commission Rules 7 and 100.
(8) Other than as set forth in paragraph (4) above, each party hereby agrees to bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding.
(9) Respondent, by entering into this Settlement Agreement, does not admit any wrongdoing or violation of the Occupational Safety and Health Act, or any regulation or standard issued pursuant thereto. Moreover, none of the foregoing agreements, statements, stipulations and actions taken by Respondent shall be deemed an admission by Respondent of any violation or wrongdoing. Respondent has entered into this Settlement Agreement for the sole purpose of avoiding further expenses, inconvenience, and burdensome, protracted litigation.
(10) Neither this Settlement Agreement nor any of its terms shall be introduced into evidence as to any issue of law or fact or used for any other purpose, in any proceeding, suit, or action, including proceedings and matters arising under the Occupational Safety and Health Act.
FOR RESPONDENT FOR COMPLAINANT
TPMI/Macomber, A Joint Venture George R. Salem
Solicitor of Labor
BY C Thomas Swaim, Attorney Albert H. Ross
Albert H. Ross
Regional Solicitor
Dated: November 18, 1988 Michael D. Felsen
Attorney
Carol J. Swetow/MDF
Carol J. Swetow
Attorney
Dated 11/18/88
United States Department of Labor
Attorneys for Complainant
Post Office Address:
U.S. Department of Labor
Office of the Solicitor
John F. Kennedy Federal Building
Government Center
Boston, Massachusetts 02203
(617)565-2500)