USDOL v. Computech Corp., 2002-LCA-3 (ALJ Dec. 10, 2002)
U.S. Department of
Labor
Office of Administrative Law Judges 36 E. 7th Street, Suite 2525 Cincinnati, OH 45202
(513) 684-3252 (513) 684-6108 (FAX)
Issue Date: 10 December 2002 Case No. 2002-LCA-3
In the Matter of
ADMINISTRATOR, WAGE AND HOUR DIVISION,
Prosecuting Party,
v.
COMPUTECH CORPORATION,
Respondent.
ORDER GRANTING DISMISSAL
This matter was scheduled to be heard on December 19, 2002, in Oak Park, Michigan. The U.S. Department of Labor, through its attorneys, filed a Motion to Dismiss on grounds that the appeal was incorrectly docketed as a LCA matter under 20 C.F.R. Part 655, Subpart H. A review of the documents in the record demonstrates that this appeal falls under the regulations governing the Wagner-Peyser Act at 20 C.F.R. Part 658, Subpart E, dealing with complaints under the Job Service Complaint System.
The U.S. Department of Labor also argues that if the case is re-docketed, it should nonetheless be dismissed as the court would lack jurisdiction to hear this appeal concerning the New Jersey prevailing wage determination. Under the regulations, Computech has specific appeal rights regarding the prevailing wage determination, made by ETA, and which is then transmitted to Computech by ESA. In order to appeal th ESA decision, Computech must initiate such appeal with ETA "within 10 days after the employer receives ETA's prevailing wage determination from the [ESA] Administrator." 20 C.F.R. §655.731(d)(2). Computech did not seek review of the New Jersey wage rates and there was no appeal of that ETA decision. Accordingly, the U.S. Department of Labor argues that the appeal must be dismissed.
Document: Computech dismissal (LSA).wpd Created by: ROKETENETZ on 12/10/2002 11:10:34 AM Accordingly, IT IS HEREBY ORDERED that the Motion to Dismiss this matter is GRANTED to allow this matter to be re-docketed under the appropriate regulations. Given the dismissal of this matter it is not necessary to address the jurisdictional issue raised by the Department of Labor.
IT IS FURTHER ORDERED that the hearing scheduled for December 19, 2002, is cancelled.
