******************************************
IN THE MATTER OF: *
*
Disputes concerning the payment of *
prevailing wage rates by: *
*
Gary w. Stone, d/b/a/ White Tail Express *
*
and * Case No. 91-SCA-16
*
Proposed debarment for labor *
standards violations by: *
*
Gary W. Stone, d/b/a White Tail Express *
Owner *
*
With respect to Mail-haul drivers *
employed by the contractor under *
U.S. Postal Service Contracts 05057 *
and 05082 *
******************************************
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
Gary W. Stone, d/b/a White Tail Express, hereinafter referred to as
the "Respondent."
The Secretary and Respondent hereby agree as follows:
(1) There is now pending before the Office of Administrative
Law Judges, U.S. Department of Labor, a proceeding under 29 CFR
Section 4.6 to determine a dispute concerning the payment of
prevailing wage rates of workers employed by Respondent on the
Mail-haul contracts identified in the case heading, and whether the
Respondent should be debarred from future government contracts.
McNamara-O'Hara Service Contract Act of 1965, as amended (79 Stat.
789; 41 USC 351, et seq.).
(2) It is the desire of the Secretary and the Respondent to
dispense with such proceeding and to dispose of all issues raised
therein, including any and all legal, equitable or other defenses
[PAGE 2]
the Respondent may have, by payment by the Respondent of $15,400 in
settlement of all wage claims made by the Secretary on behalf of
employees who worked on the aforesaid contracts. The employees and
wage amounts are set forth at Exhibit 1, attached hereto. Payment
shall be made from amounts presently withheld by the contracting
Agency, and the Respondent hereby authorizes said agency to release
to the Regional Administrator, Employment Standards Administration,
U.S. Department of Labor, Boston, Massachusetts, the above sum.
The Regional Administrator shall distribute the back wages to the
employees listed above, or to their estates, if necessary, and any
sums which, within three years from the date of this agreement,
have not been distributed to the employees, or to their personal
representatives, because of the inability to locate the proper
persons or because of such persons' refusal to accept such sums,
shall be deposited with the Treasurer of the United States.
(3) The Respondent agrees that it shall be debarred from
government contracts for a period of three years time, pursuant to
Section 5(a) of the Act.
(4) This settlement is intended by the Secretary and the
Respondent to be a final resolution of this matter, and each party
hereby agrees to bear its own fees and expenses incurred by such
party in connection with any stage of this proceeding.
This Administrative Law Judge, having reviewed the Consent
Findings, concludes that this settlement is in the best interests
of all of 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 CFR §18.9.
DAVID W. DI NARDI
Administrative Law Judge
Dated:
Boston, Massachusetts
DWD:gcb
[PAGE 3]
EXHIBIT 1
Louise Chase $ 348.96
John Chenier 4,262.33
Andy LaCasse 3,243.85
Bruce Savery 4,242.90
Michael Vailancourt 3,301.96
$15,400.00
SERVICE SHEET
Case Name: Gary Stone, d/b/a, White Tail Express
Case No.: 91-SCA-16
[PAGE 4]
Title of Document: Decision and Order Approving Consent
Findings
A copy of the above document was sent to the following:
Douglas J. Davidson William B. Field, Esq.
Counsel for Employment Standards Gill House-North Common
Office of the Solicitor P.O. Box 88
Room N-2716, FPB Chelsea, VT 05038
200 Constitution Ave., NW
Washington, DC 20210
Administrator, Wage & Hour Division Gary Stone d/b/a
U.S. Department of Labor White Tail Express
Employment Standards Administration RR1, Box 66
Room S-3502, FPB Corinth, VT 05039
200 Constitution Ave., NW
Washington, DC 20210
Albert H. Ross, Esq.
Office of the Regional Solicitor
U.S. Department of Labor
One Congress St., 11th Floor
Boston, MA 02114
ATTN: Paul J. Katz, Esq.
Deputy Associate Solicitor
Fair Labor standards
U.S. Department of Labor
Room N-2716
200 Constitution Ave., NW
Washington, DC 20210
INTEROFFICE MAIL
Reporter
______________________
GAYLE C. BONIA
Legal Technician
