OFCCP v. Jacor, Inc., 95-OFC-17 (ARB May 30,
1996)
In the Matter Of:
UNITED STATES DEPARTMENT OF CASE NO. 95-OFC-17
LABOR, OFFICE OF FEDERAL
CONTRACT COMPLIANCE PROGRAMS, DATE: May 30, 1996
PLAINTIFF,
v.
JACOR, INCORPORATED,
DEFENDANT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD[1]
ORDER
Jacor moved for a stay of a proposed compliance review by
OFCCP of Jacor's Rhode Island affirmative action records on
May 21, 1996, and for dismissal of this case. Jacor claims the
Secretary's Interim Order of April 15, 1996 requires the proposed
compliance review to be completed within 90 days of the
January 19, 1996 Interim Order because the April 15 Order stated
that "[t]he time periods in the [January 19] Interim Order
continue to apply." The January 19 order required OFCCP to
report to the Secretary on Jacor's compliance with Executive
Order No. 11,246 within 90 days of the date of that order.
Jacor's motions are DENIED. The time periods in the January
19 Order of necessity run from the date of the April 15 Order
because all proceedings were stayed pending resolution of Jacor's
motion for clarification of the January 19 Order. In addition,
the time periods in the January 19 Order were directory, not
mandatory.
SO ORDERED.
[PAGE 2]
___________________________
KARL J. SANDSTROM
Presiding Member
___________________________
JOYCE D. MILLER
Alternate Member
[ENDNOTES]
[1] On April 17, 1996 a Secretary's Order was signed delegating
jurisdiction to issue final agency decisions under this statute
and these regulations to the newly created Administrative Review
Board. 61 Fed. Reg. 19978 (May 3, 1996) (copy attached). The
Board has reviewed the interim decision issued by the Secretary
and the entire record in this case in rendering this order.