Federal Aviation Authority, ARB No. 07-088 (ARB Feb. 26, 2008)

U.S. Department of Labor

Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210

ARB CASE NO. 07-088
DATE: February 26, 2008

In the Matter of:

FEDERAL AVIATION AUTHORITY,

In re: Petition for Review of Wage
Determination No. 2006-0615 (Rev. 1).

Appearances:

For Petitioner:
    Abigail A. Warren, Esq., Federal Aviation Authority, Washington, District of Columbia

For Respondent Administrator, Wage and Hour Division:
    Roger W. Wilkinson, Esq., William C. Lesser, Esq., Steven J. Mandel, Esq., Jonathan L. Snare, Esq., United States Department of Labor, Washington, District of Columbia

For Lockheed Martin Information and Technology Services:
    David S. Fortney, Esq., Leslie Stout-Tabackman, Esq., Susan M. Webman, Esq., Fortney & Scott, LLC, Washington, District of Columbia

For International Association of Machinists and Aerospace Workers:
    William H. Haller, Esq., IAM&AW Legal Department, Upper Marlboro, Maryland

FINAL ORDER DISMISSING APPEAL

   The Petitioner, Federal Aviation Authority (FAA), filed a petition for review pursuant to the McNamara-O'Hara Service Contract of 1965, as amended (SCA or Act),¹ and applicable regulations² with the United States Department of Labor's Administrative Review Board³ challenging the prevailing wage rates for the FSS I, FSS II, and FSS III

---

[Page 2]

classifications included in SCA WD 2006-0615 (Rev. 1). The Board issued a Notice of Appeal and Order Establishing Briefing Schedule and the Administrator of the Wage and Hour Division filed the record and its brief in response to that order.

    On February 11, 2008, FAA filed "Petitioner's Motion to Withdraw." FAA averred that the record the Administrator filed in response to the Board's briefing order "contained a number of documents Petitioner was seeing for the first time" and that "upon review of the record Petitioner moves to withdraw from the appeal" and "requests the matter be closed."

    Accordingly, we GRANT FAA's Motion to Withdraw and DISMISS its appeal.

   SO ORDERED.

            WAYNE C. BEYER
            Administrative Appeals Judge

            M. CYNTHIA DOUGLASS
            Chief Administrative Appeals Judge

[ENDNOTES]

¹ 41 U.S.C.A. § 351 et seq. (West 1987).

² 29 C.F.R. Parts 4 and 8.

³ Pursuant to 29 C.F.R. § 8.1(b) (2007), the Board has jurisdiction to hear and decide "appeals concerning questions of law and fact from final decisions of the Administrator of the Wage and Hour Division or authorized representative" rendered under the SCA. See also Secretary's Order 1-2002, 67 Fed. Reg. 64,272 (Oct. 17, 2002).