United Government Security Officers of America, Local No.
81, ARB No. 98-151 (ARB Oct. 2, 1998)
U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 98-151
DATE: October 2, 1998
In the Matter of:
UNITED GOVERNMENT SECURITY
OFFICERS OF AMERICA, LOCAL 81
In re: Review and Reconsideration of
a Wage Determination for Court Security
Officers, Contract No. MS-94-0009
Honolulu, Hawaii
ORDER OF DISMISSAL
Pursuant to the McNamara-O'Hara Service Contract Act of 1965, as
amended,
41 U.S.C. §351 et seq. (SCA) (1994) and 29 C.F.R. Parts 4 and 8 (1998), the
Administrative Review Board, United States Department of Labor, is in receipt of a Petition for
Review (petition) filed by United Government Security Officers of America, Local 81
(Petitioner),
seeking review of a ruling letter dated July 31, 1997, from the Wage and Hour Division. The
petition was filed on August 3, 1998. On August 12, 1998, the Board issued a Notice of Appeal,
as
well as a briefing schedule. The petition raises questions concerning the payment of
SCA-mandated
fringe benefits in Hawaii, a state which requires employers to provide health insurance under
state
law.
On September 4, 1998, the Acting Administrator submitted a motion to
dismiss the petition for lack of ripeness, and to suspend the briefing schedule. In support of the
motion to dismiss, the Acting Administrator avers that the Division's July, 1997 letter did not
constitute a final decision of the Administrator under the applicable regulations. See, 29
C.F.R. 8.1(b). The Acting Administrator further advises the Board that Petitioner's submission
will
be viewed as a request for reconsideration that will result in a final ruling.
[Page 2]
Upon review of the petition and its attachment, as well as the Acting
Administrator's motion, it is the Board's view that the matter is not ripe for review at this time.
We
therefore grant the Acting Administrator's motion and dismiss the petition without prejudice.