J.N. Moser Trucking, Inc., ARB No. 04-064, ALJ No. 1995-SCA-26 (ARB May 14, 2004)

U.S. Department of Labor

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

ARB CASE NO. 04-064
ALJ CASE NO. 95-SCA-26
DATE: May 14, 2004

In the Matter of:

J. N. MOSER TRUCKING, INC.,
d/b/a MOSER ENTERPRISES,
DONALD H. SCHLEINING, and
KIRSTY S. SCHLEINING,
Individually and Jointly,

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

   On May 30, 2003, the Administrative Review Board issued a Final Decision and Order (F. D. & O.) in this case arising under the McNamara-O'Hara Service Contract Act (SCA), as amended, 41 U.S.C.A. § 351 et seq. (West 1987).¹ J. N. Moser Trucking appealed the Board's decision to the United States District Court for the Northern District of Illinois, Eastern Division. J. N. Moser Trucking, Inc. v. United States Dep't of Labor, 306 F. Supp. 2d 774 (2004)(copy attached). The District Court vacated the Board's F. D. & O. and remanded the case "to the Department" to "proceed … in accordance with this opinion." Id. at 787.

   Pursuant to the regulations interpreting the SCA, 29 C.F.R. Parts 4 and 6 (2003), a Department of Labor Administrative Law Judge entered the Department of Labor's initial administrative decision in this case. As the District Court has vacated the Department's final decision, we remand this case to the Administrative Law Judge to enter an order "in accordance with [the District Court's] opinion."²

   SO ORDERED.

      OLIVER M. TRANSUE
      Administrative Appeals Judge

      M. CYNTHIA DOUGLASS
      Chief Administrative Appeals Judge

¹ The Secretary of Labor has delegated her authority to issue final decisions in review or on appeal of cases arising under the SCA to the Board. Secretary's Order 1-2002, 67 Fed. Reg. 64272 (Oct. 17, 2002).

² If neither party files a petition for review of the decision with the Board within 40 days after the date of the decision, the Administrative Law Judge's decision will become the final decision of the Secretary. See 29 C.F.R. § 6.19(b).