U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 99-026
DATE: January 27, 1999
In the Matter of:
FAVATA'S BAKERY, INC.
In re: Wage determination rates applicable to commissary procurement contracts at Maguire
AFB, Wrightstown, New Jersey; Carlisle War College,
Carlisle, Pennsylvania; West Point Military Academy,
West Point, New York; and Fort Drum, Watertown,
New York
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant: Patricia A. Favata, Newburgh, New York
ORDER OF DISMISSAL
By letter dated December 9, 1998, Favata's Bakery, Inc. (Petitioner)
petitioned the Board for review of service contract wage determinations applicable to commissary
procurements at Maguire AFB in Wrightstown, NJ; Carlisle War College in Carlisle, PA; West
Point Military Academy in West Point, NY; and Fort Drum in Watertown, NY. Although
Petitioner attached several documents to its petition, there was no indication that Petitioner had
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requested review and reconsideration of the contested wage determinations from the Wage and
Hour Administrator, pursuant to 29 C.F.R. §4.56(a) (1998).
By regulation, the Board's jurisdiction under the Service Contract Act
extends only to review of "final decisions of the Administrator of the Wage and Hour
Division or authorized representative, and from decisions of Administrative Law Judges [.]"
29 C.F.R. §8.1(b). It is only after the Administrator has reviewed materials
submitted by interested parties and issued a final decision that a decision may be appealed to this
Board. 29 C.F.R. §4.56(b). When review and reconsideration has not been sought from
the Administrator, the Board does not have jurisdiction to consider the matter.
On December 29, 1998, we issued an Order to Show Cause, alerting the
Petitioner to the jurisdictional problem and directing Petitioner to demonstrate why the case should
not be dismissed. Because no response to our Order has been received, we hereby dismiss the
petition for lack of jurisdiction, without prejudice. If Petitioner seeks review and reconsideration
of the challenged wage determination from the Administrator, see 29 C.F.R.
§4.56(a), and obtains a decision from the Administrator, Petitioner will then be free to
submit a new petition for review of the Administrator's ruling. 29 C.F.R. §4.56(c), 29
C.F.R. Part 8B.
