ANET and WNET Contracts, ARB
No. 97-033 (ARBJan. 23, 1998)
U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 97-033
DATE: January 23, 1998
In the Matter of:
REVIEW AND RECONSIDERATION OF
WAGE RATES FOR CAPTAIN AND FIRST
OFFICER, WAGE DETERMINATION 95-0229
REV. 1, AS APPLIED TO UNITED STATES
POSTAL SERVICE'S ANET AND WNET
CONTRACTS FOR AIR TRANSPORTATION
OF EXPRESS MAIL
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER
On July 25, 1997, the Administrative Review Board remanded this
matter to the Wage and Hour Division to develop a full record and make a determination
whether pilots and first officers flying freighter aircraft under a United States Postal Service
contract are professional employees exempt from the provisions of the McNamara-O'Hara
Service Contract Act of 1965, as amended, 41 U.S.C. §§ 351-358 (1988). One
of the parties in this matter, individual employee captain Hal Winters has moved the Board for
an order setting explicit time limits for the Wage and Hour Division to comply with the
Board's remand order.
The motion is denied. If the Wage and Hour Division does not act on
the Board's remand Order within a reasonable period of time, any party may seek an
appropriate order from the Board under the regulations. 29 C.F.R. Part 8 (1997).
