93cl081a.htm

__________________________________
                                  )  
In the Matter of:                 ) 
                                  )
U. S. DEPARTMENT OF LABOR         )       Date Issued:
                                  )       January 31, 1994   
                 Plaintiff        )
                                  )       Case No. 93-CLA-81
v.                                )
                                  )
NATIONAL TEA COMPANY              )
                                  )
                 Respondent       )
__________________________________)

Before:  LEE J. ROMERO, JR.
         Administrative Law Judge

                         DECISION AND ORDER

     This matter arises under the child labor provisions of the
Fair Labor Standards Act (the Act), 29 U.S.C. § 216(e), and
the regulations issued thereunder at 29 C.F.R. Parts 579 and 580.

     This dispute concerns allegations of the United States
Department of Labor (DOL) that Respondent violated the provisions
of Hazardous Order Nos. 7 and 12 of the Act and the regulations
thereunder.  DOL imposed a total civil money penalty of
$624,900.00.  Respondent timely filed exceptions to the penalty. 
By Order of Reference, this matter was subsequently referred to the
Office of Administrative Law Judges.  

     The parties have negotiated a compromise of all disputed
claims and have submitted executed consent findings.  

     The parties waive further procedural steps before the
Administrative Law Judge and any right to challenge or contest the
validity of the following order based upon the consent findings
attached and made a part hereof by incorporation.


[PAGE 2]
     Having reviewed the administrative file and the consent
findings, I find that the consent findings are appropriate. 
Accordingly, 

     IT IS ORDERED that the stipulations, agreements,
terms and conditions contained in the consent findings, which are
attached hereto and made a part hereof by incorporation, are
ACCEPTED and shall have the same force and effect as if they
were individually 
and specifically set forth in the body of this order.

     IT IS FURTHER ORDERED that:

          1.  Civil money penalties in the total amount of
$154,650.00 be, and they hereby are, assessed against National Tea
Company.  National Tea Company shall pay to the United
States Department of Labor (a) $51,550.00 as soon as practicable
after the entry of this order, (b) $51,550.00 one year after the
entry of this order, and (c) $51,550.00 two years after the entry
of this order.

          2.  This order shall have the same force and effect as an
order made after a full hearing.

          3.  The entire record on which this order is based shall
consist solely of the Order of Reference  and the attached consent
findings and waiver.  

     ORDERED this 31st day of January, 1994, at Metairie,
Louisiana.



                                  ___________________________
                                    LEE J. ROMERO, JR.
                                    Administrative Law Judge