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USDOL/OALJ Reporter Wackenhut Corrections, ARB No. 97-084 (ARB Apr. 25, 1997)
ARB Case No. 97-084 In the Matter of: WACKENHUT CORRECTIONS
With respect to request for
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
In response to the Petition for Review filed in the captioned matter, the Acting Administrator filed a "Motion to Dismiss Request for Board Review of March 19, 1997 Letter." The Acting Administrator argues that the Wage and Hour Division's March 19, 1997 letter is not a final and appealable ruling within the requirements of 29 C.F.R. § 4.55(b). Based on the Acting Administrator's argument and statements concerning the procedural history of this dispute, the Board has determined that this matter is not ripe for review pursuant to the McNamara-O'Hara Service Contract Act, as amended, 41 U.S.C. § 351 et seq. and 29 C.F.R. Part 8.
Counsel for the Acting Administrator further
avers that Petitioner's request for review (and supporting
materials) were forwarded to the Wage and Hour Division for
consideration and issuance of a final and appealable ruling.1 Accordingly, this
matter is dismissed without prejudice and remanded to the Wage
and Hour Division for consideration and issuance of a final
and appealable ruling on or before May 23, 1997.
SO ORDERED.
DAVID A. O'BRIEN
KARL J. SANDSTROM
JOYCE D. MILLER
1 Counsel for the
Acting Administrator states in the Motion to Dismiss that the Wage
and Hour Division "will make every reasonable effort to issue a
final ruling on the request by May 12, 1997."
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