************************************
In the Matter of: *
*
Disputes concerning the payment of *
prevailing wage rates, fringe *
benefits, and overtime by: *
*
G.S. LeCours, Inc., *
Subcontractor *
*
and *
*
Proposed debarment for labor *
violations by: *
*
G.S. LeCours, *
Subcontractor *
* Case No.: 93-DBA-75
and *
*
Joseph LeCours, *
President *
*
With respect to laborers and *
mechanics employed by the *
subcontractor on Veterans *
Administration Medical Center *
Contract Nos. V631c-606 and *
V631c-632, Northampton, MA. and *
on V.A. Medical Center Contract *
No. V5186-841, Bedford, MA. *
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DECISION AND ORDER
APPROVING CONSENT FINDINGS
These Consent Findings are entered into by and between the
Secretary of Labor, hereinafter referred to as the Secretary and
G.S. LeCours, Subcontractor, and Joseph LeCours, President,
hereinafter referred to as the Respondents. The Secretary and
Respondents hereby agree as follows:
[PAGE 2]
(1) There is now pending before the Office of Administrative
Law Judges, U.S. Department of Labor, a proceeding under 29 C.F.R.
5.11 and 5.12 to determine a dispute concerning the payment of
prevailing wage rates, fringe benefits and proper overtime
compensation to workers who were employed by Respondents on the
contracts identified in the case heading, and whether the
Respondents should be debarred from future government contracts.
(2) It is the desire of the Secretary and the Respondents to
dispense with such proceeding to avoid the costs and expense of
uncertain litigation arising from this proceeding and to dispose of
all issues raised therein, including any and all legal, equitable
or other defenses the Respondents may have, by Respondent
relinquishing all rights and legal claims to the withheld amount of
$34,278.20 as settlement of all wage claims made by the Secretary
on behalf of employees who worked on the aforesaid projects. The
employees and wage amounts are set forth in Exhibit 1, attached
hereto. Payment shall be made from amounts presently withheld by
the contracting agencies and the Respondents hereby do not contest
said agency or agencies release to the Regional Administrator,
Employment Standards Administration, U.S. Department of Labor,
Boston, Massachusetts [substitute the Comptroller General for
direct DBA monies] the above sum. The Regional Administrator [or
Comptroller General] shall distribute the back wages to the
employees listed above or their estates if necessary and any sum
which within three years from the date of this agreement has not
been distributed to the employees, or their personal
representatives, because of the inability to locate the proper
persons or because of such person s refusal to accept such sum,
shall be deposited with the Treasurer of the United States.
(3) The Respondents agree that, effective upon the date of
this agreement, they shall be debarred from government contracts
for a period of three year s time, pursuant to 29 C.F.R. §
5.12.
(4) This settlement is intended by the Secretary and the
Respondents to be a total and final resolution of this matter and
all issues arising out of Respondents conduct at the
aforementioned projects and each party hereby agrees to bear its
own fees and expenses incurred by such party in connection with any
stage of this proceeding.
(5) The Secretary and Respondents further agree that:
(a) any order entered in accordance with these
consent findings shall, pursuant to 29 C.F.R.
Part 6, have the same force and effect as an
[PAGE 3]
Order made after full hearings.
(b) the entire record upon which any final order
may be based shall, pursuant to 29 C.F.R.
Part 6, consist of the Complaint, Order of
Reference, and this agreement.
(c) all further procedural rights provided by 29
C.F.R. Part 6 and any rights to contest the
validity of this Agreement or any Order issued
pursuant thereto are hereby waived.
(6) The Respondents and each of them, by executing this
agreement, do not admit any violation of any legal or contractual
obligation owed to any other person.
This Administrative Law Judge, having reviewed the Consent
Findings, concludes that this settlement is in the best interests
of all the parties and it is therefore ORDERED that the
settlement agreement shall be, and the same hereby is
APPROVED pursuant to the provisions of 29 C.F.R. §
6.32.
DAVID W. DI NARDI
Administrative Law Judge
Dated: August 2, 1995
Boston, Massachusetts
DWD:dr
