ARB CASE NO. 97-064
ALJ CASE NO. 96-DBA-18
DATE: September 25, 1997
In the Matter of:
BILL J. COPELAND,
PRIME CONTRACTOR,
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER
This case arises under the provisions of the Davis-Bacon Act (DBA), 40
U.S.C. §§ 276a et seq. (1994), the Contract Work Hours and Safety
Standards Act (CWHSSA), as amended, 40 U.S.C. §§ 327-332, and the regulations
at 29 C.F.R. Parts 5, 6, and 7 (1996). The Acting Administrator (Administrator), Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor timely petitioned for
review of the Decision and Order of the Administrative Law Judge (ALJ) issued January 28,
1997.
The ALJ dismissed the Administrator's Order of Reference charging Bill J.
Copeland (Copeland) with violations of the DBA and the CWHSSA. On March 10, 1997, this
Board issued a Notice of Petition for Review and Order Establishing Briefing Schedule,
requesting the parties to submit statements in support of, and in opposition, to the Administrator's
petition.
Our review of the case record indicates unwarranted delay on the part of
the Administrator in bringing this matter to resolution. We are particularly mindful that Copeland
has apparently been thwarted in his discovery attempts with the putative claimants. See
Copeland's statement in Opposition to the Administrator's Petition at 18- 19.
It is therefore ORDERED that the Administrator will provide to
this Board and serve on all parties, within twenty (20) days from the date of this Order, a list of
witnesses who are certified to be available and will testify at a hearing on the merits of this case.
That list shall also include a correct, current, verified address and phone number for each
witness.
