Griffin v. Admin.,
USDOL,, ARB No. 98-028, ALJ No. 93-DBA-94 and 95 (ARB Mar. 10,
1998)
U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO.: 98-028 ALJ CASE NO.: 93-DBA-94/95 DATE: March 10, 1998
In the Matter of:
LLOYD T. GRIFFIN, JR.,
LTG CONSTRUCTION CO., INC.,
PHOENIX-GRIFFIN GROUP II, LTD.,
GATSBY HOUSING ASSOCIATES, INC.,
COMPLAINANTS,
v.
SECRETARY, U.S. DEPARTMENT OF LABOR,
and
ADMINISTRATOR, WAGE AND HOUR DIVISION,
U.S. DEPARTMENT OF LABOR,
RESPONDENTS.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER OF REMAND
This case arises under the provisions of the Davis-Bacon Act, 40 U.S.C.
§§ 276a et seq.(1994), and the Related Acts, see 29
C.F.R. §5.1 (1996), and the regulations at 29 C.F.R. Parts 5, 6 and 7 (1997).
[Page 2]
BACKGROUND
On February 24, 1997, Chief Judge Ronald R. Lagueux, United States
District Court for the District of Rhode Island, remanded this case to the United States
Department of Labor (USDOL) for further consideration in accordance with the legal
principles articulated in that order. On November 7, 1997, the United States Court of Appeals
for the First Circuit dismissed USDOL's appeal of the District Court order because the Circuit
Court lacks jurisdiction until a "final decision" is issued by the District Court.
ORDER
This case IS REMANDED to the presiding Administrative
Law Judge for reconsideration and the taking of such additional evidence deemed necessary
to comply with the District Court's order. Copies of the U.S. District Court and U.S. Court
of Appeals orders are attached.
