MAILED 1/4/95
Date:
Case No.: 94-DBA-44
In the Matter of:
Disputes concerning the payment of
prevailing wage rates and proper
classification by:
HOVSEP TAKESSIAN d/b/a JOSEPH'S PAINTING
and d/b/a SEVAN CONTRACTING, INC.
General Contractor,
and
Proposed debarment for labor standards
violations by:
HOVSEP TAKESSIAN d/b/a JOSEPH'S PAINTING
and d/b/a SEVAN CONTRACTING, INC.
With respect to laborers and mechanics
employed by the contractor under
U.S. Department of Navy
Contract No.s. N62472-90-D-2437 and
N62472-91-D-8710 for Indefinite
Quantity Painting
ORDER TO SHOW CAUSE
As part of its response to the pre-hearing Order of the Deputy
Chief Judge, the Solicitor moved for the consolidation of the
above-captioned case with the proceeding in Case No. 94-DBA-45,
asserting that both cases "involve overlapping issues of proof
since they involve the same firm, a number of the same employees,
and a prior investigation of the firm which may impact the findings
in both matters."
Respondent states as follows:
[PAGE 2]
Joseph admits there is a proceeding 94-DBA-45
Joseph denies that it is "related" to this
proceeding other than the naming of Joseph.
That case involves different employees,
performing other than painting work, on a
project unrelated to the project in issue in
this case at a completely different location
and involving Peabody Const. Co. named as a
party to that action. Joseph further denies
any prior investigation which might impact any
findings.
29 C.F.R. §18.11, "Consolidation of hearings," states as
follows:
When two or more hearings are to be held,
and the same or substantially similar evidence
is relevant and material to the matters at
issue at each such hearing, the Chief
Administrative Law Judge or the administrative
law judge assigned may, upon motion by any
party or on his or her own motion, order that
a consolidated hearing be conducted. Where
consolidated hearings are held, a single
record of the proceeding may be made and the
evidence introduced in one matter may be
considered as introduced in the others, and a
separate or joint decision shall be made, at
the discretion of the administrative law judge
as appropriate.
Accordingly, the parties are hereby ORDERED to
show cause by close of business Tuesday, January 17, 1995, why the
above-captioned case should not be consolidated with the
proceeding in Case No. 94-DBA-45.
JOAN HUDDY ROSENZWEIG
District Chief Judge
Boston, Massachusetts
JHR:las
[PAGE 3]
SERVICE SHEET
Case Name: HOVSEP TAKESSIAN d/b/a JOSEPH'S PAINTING
Case No.: 94-DBA-44
Title of Document: ORDER TO SHOW CAUSE
A copy of the above-entitled document was mailed to the last known
addresses of the parties listed below:
Douglas J. Davidson Albert H. Ross, Esq.
Counsel for Trial Litigation Solicitor's Office
Fair Labor Standards U.S. Department of Labor
U.S. Department of Labor One Congress St., 11th flr
Room N-2716, FPB Boston, MA 02114
200 Constitution Ave., NW ATT: Karin Froom, Esq.
Washington, DC 20210
Hovsep Takessian d/b/a
Joseph's Painting d/b/a
Administrator Sevan Contracting, Inc.
Wage and Hour Division c/o Hovsep Takessian
U.S. Department of Labor 28 Merrifield Avenue
Room S-3502, FPB Watertown, MA 02170
200 Constitution Ave., NW
Washington, DC 20210 Hovsep Takessian d/b/a
Joseph's Painting d/b/a
Sevan Contracting, Inc.
Mr. Richard Daly c/o Hovsep Takessian
Assistant District Director 15 Davis Road
U.S. Department of Labor Belmont, MA 02178
Employment Standards
[PAGE 4]
Administration/WH
17 Broadway, Room 308
Taunton, MA 02780
David J. Hopwood, Esq.
Howard, Timson & Stack
89 Access Road
Suite 29
P.O. Box 588
Norwood, MA 02062 INTEROFFICE
MAIL
Library
Edward Fish, President
Peabody Construction Co., Inc.
536 Granite Street
Braintree, MA 02184 LEWIS A. SACKS
Lead Legal
Tech
