mailed 8/1/94
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In the Matter of: *
*
DOMER TRUCKING, INC. * Case No.: 93-SCA-39
a corporation, ROBERT M. DOMER, SR.,*
and PEGGY DOMER, individually *
Respondents *
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DECISION AND ORDER APPROVING CONSENT FINDINGS
The parties to this action, pursuant to 29 C.F.R. and 29
C.F.R. 18.9, hereby agree to the following Consent Findings:
1. At the time of the scheduled hearing on April 11, 1994,
the parties met and agreed to a settlement of this matter. The
outline of the settlement was set forth in the hearing record, with
the proviso that a written agreement would be submitted to this
Administrative Law Judge. These Consent Findings constitute that
written agreement.
2. Plaintiff shall conduct an investigation into Respondents'
pay and employment practices with regard to the requirements of the
Service Contract Act. Said investigation shall cover the time
period from the end of the most recent investigation to the present
time, approximately February 1, 1993 through June 1, 1994. Said
investigation shall be conducted and completed by June 30, 1994.
Respondents shall fully cooperate and provide requested records in
a prompt fashion.
3. The results of said investigation shall determine the
course of this matter, in that it is the parties' intention that if
violations are found during said investigation of a nature and
scope which would cause Plaintiff to seek debarment of other
carriers under the Plaintiff's established policies, Respondents
shall be ineligible from bidding on government contracts for a
period of three years from the date(s) their names are published on
the list of debarred contractors, PROVIDED that the
violations are not the result of unintentional errors, as
determined by the attorney for Plaintiff; the Respondents'
operations between Denver, Colorado and Phoenix, Arizona; or the
result of payments to
[PAGE 2]
trainees who have been fully paid by June 30, 1994.
4. Respondents specifically agree to pay any back wages which
are due as a result of said investigation, including any and all
sums due as a result of Respondents' operations between Denver,
Colorado and Phoenix, Arizona.
5. If violations are found as a result of said investigation
which cause Respondents' ineligibility, Respondents' signatures on
the CONSENT FINDINGS authorizes the listing of Respondents
on the ineligible list, without the necessity of further
proceedings, upon the issuance of a letter by the Denver District
Office, Wage and Hour Division, U.S. Department of Labor, notifying
Respondents that their names will be placed on the ineligible list.
6. Any order issued which is consistent with these CONSENT
FINDINGS shall have the same force and effect as an order made
after full hearing.
7. The entire record shall consist solely of the complaint,
as amended herein, Respondents' responses and this agreement.
8. The parties waive any further procedural steps before the
administrative law judge and any right to challenge or contest the
validity of any order issued which is consistent with these
CONSENT FINDINGS.
This Administrative Law Judge, having reviewed the CONSENT
FINDINGS, concludes that this settlement isin the best
interests of all of the parties anditis therefore ORDERED
that the settlement agreement shall be, and the same hereby is
APPROVED pursuant to the provisions of 29 CFR § 6.43.
DAVID W. DI NARDI
Administrative Law Judge
[PAGE 3]
Dated:
Boston, Massachusetts
DWD:las
SERVICE SHEET
Case Name: Domer Trucking, Inc. et al
Case No.: 93-SCA-39
Title of Document: DECISION AND ORDER APPROVING CONSENT
FINDINGS
A copy of the above document was sent to the following:
Douglas J. Davidson Charles J. Kimball, Esq.
Counsel for Trial Litigation Kimball & Nespor
U.S. Department of Labor Suite 1500
Office of the Solicitor 1775 Sherman Street
Room N-2716 Denver, CO 80203
200 Constitution Ave., NW
Washington, DC 20210
ATTN: James L. Valin
Tedrick A. Housh, Jr.
Regional Solicitor
U.S. Department of Labor
Office of the Solicitor
1585 Federal Office Building
1961 Stout Street
Denver, CO 80294
ATTN: Kristi Floyd, Esq.
Maria Echaveste, Administrator
Wage & Hour Division/ESA
U.S. Department of Labor
[PAGE 4]
Room S-3502
200 Constitution Ave., NW
Washington, DC 20210
Robert M. Domer, Sr.
Registered Agent for Domer
Trucking, Inc.
8430 Quebec Street INTEROFFICE
MAIL
Commerce City, CO 80022-5065
Docket - Library
Mr. Robert M. Domer, Sr.
Ms. Peggy Domer
4220 W. 134th Place Lewis A. Sacks
Broomfield, CO 80020 Lead Legal Tech
