OFCCP v. Trinity Industries, Inc., 97-OFC-14 (ARB July 28,
1998)
U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 98-003
ALJ CASE NO. 97-OFC-14
DATE: July 28, 1998
In the Matter of:
OFFICE OF FEDERAL CONTRACT
COMPLIANCE PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR, PLAINTIFF,
v.
TRINITY INDUSTRIES, INC.,
DEFENDANT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
SECOND ORDER GRANTING STAY
On November 14, 1997, this Board issued a Final Decision and Order in
the above-captioned case arising under Executive Order No. 11,246 (30 Fed. Reg. 12319), as
amended by Executive Order No. 11,375 (32 Fed. Reg. 14303), and Executive Order No.
12,086 (43 Fed. Reg. 46501); and Section 503 of the Rehabilitation Act of 1973, as amended,
38 U.S.C. §4212. Thereafter, on February 19, 1998, the Board granted Defendant's
unopposed motion to stay enforcement of the Final Decision and Order pending judicial review
by the Western District Court of North Carolina.
Defendant has filed a Renewed Motion to Stay Enforcement of the
Board's November 14, 1997 Final Decision and Order. Defendant states that on June 30,
1998, the Western District Court granted the Secretary's motion for summary judgment and
[Page 2]
ordered dismissal of the matter. Defendant now seeks to stay enforcement through its appeal
of the Western District Court's decision. The motion states that Plaintiff, Office of Federal
Contract Compliance Programs, consents to the stay pursuant to an agreement reached with
Willie Alexander, Co-Counsel for Litigation, U.S. Department of Labor.
Defendant's unopposed Renewed Motion to Stay Enforcement of Final
Decision and Order IS GRANTED.
