Wackenhut Corrections, ARB No. 97-084 (ARB Apr. 25, 1997)

U.S. Department of Labor

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

ARB Case No. 97-084
DATE: April 25, 1997

In the Matter of:

WACKENHUT CORRECTIONS

   With respect to request for
review of Wage Determination
94-2044, Kern County, California

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

   In response to the Petition for Review filed in the captioned matter, the Acting Administrator filed a "Motion to Dismiss Request for Board Review of March 19, 1997 Letter." The Acting Administrator argues that the Wage and Hour Division's March 19, 1997 letter is not a final and appealable ruling within the requirements of 29 C.F.R. § 4.55(b). Based on the Acting Administrator's argument and statements concerning the procedural history of this dispute, the Board has determined that this matter is not ripe for review pursuant to the McNamara-O'Hara Service Contract Act, as amended, 41 U.S.C. § 351 et seq. and 29 C.F.R. Part 8.

   Counsel for the Acting Administrator further avers that Petitioner's request for review (and supporting materials) were forwarded to the Wage and Hour Division for consideration and issuance of a final and appealable ruling.¹ Accordingly, this matter is dismissed without prejudice and remanded to the Wage and Hour Division for consideration and issuance of a final and appealable ruling on or before May 23, 1997.

   SO ORDERED.

       DAVID A. O'BRIEN
      Chair

      KARL J. SANDSTROM
      Member

       JOYCE D. MILLER
      Alternate Member

¹ Counsel for the Acting Administrator states in the Motion to Dismiss that the Wage and Hour Division "will make every reasonable effort to issue a final ruling on the request by May 12, 1997."