1> This appeal has been assigned to a panel of two Board members, as authorized by Secretary's Order 2-96. 61 Fed. Reg. 19, 978 § 5 (May 3, 1996 ).
2 Piedmont later merged with USAir and the merged airline, U.S. Airways, became the successor defendant. Order Recommending Denial of Supplemental Consent Decree at 2.
3 This decision is available at http://www.oalj.dol.gov/public/ofccp/decsn/88ofc17d.htm. Page number citations in our decision are to this electronic version.
4 This decision is available at http://www.oalj.dol.gov/public/ofccp/decsn/9206usa1_txt.htm. Page number citations in our decision are to this electronic version.
5 We note that 41 C.F.R. § 60-30.13(d) provides that the ALJ's approval of a consent decree constitutes the "final administrative order." Thus, it appears that the ALJ's order approving the consent decree should not have been "recommended" and the Secretary of Labor did not have jurisdiction to issue the June 30, 1992 order approving the decree. Accord OFCCP v. SKF USA, Inc., ARB No. 00-023, ALJ No. 97-OFC-17 (ARB Mar. 30, 2001); OFCCP v. Cambridge Wire, Inc., No. 94-OFC-12 (ARB Nov. 26, 1996). However, in OFCCP v. Carolina Freight Carriers Corp., No. 93-OFC-15, (Mar. 16, 1995), the Secretary reviewed and approved a "recommended" consent order to "ensure finality and eliminate ambiguity." Slip op. at 2. Nevertheless, the Secretary emphasized that, "an ALJ's decision approving such a consent decree constitutes the final administrative order in the proceeding and no further action by the Secretary is necessary to make the order final and effective." Id.