|
<![CDATA[
KLEEN-RITE CORPORATION
DDATE:
19840816
TTEXT:
~1
[1] THE UNDER SECRETARY OF LABOR
WASHINGTON, D.C.
20210
In the Matter of
KLEEN-RITE CORPORATION, a
Corporation, and HAROLD
GREENSPAN, Individually Case No. SCA-945
and as President of Kleen-
Rite Corporation,
Respondents
MEMORANDUM DECISION OF THE UNDER SECRETARY
After a hearing before an Administrative Law Judge, the Judge
found that the respondents had violated the Service Contract Act
(79 Stat. 1034; 41 U.S.C. 351, et seq.), as amended. The Judge
found that there were "unusual circumstances" which justified
relieving the respondents of the ineligible list sanction provided
in Section 5(a) of the Act (41 U.S.C. 354(a)), and he recommended
that such relief should be granted. The Government appealed the
Judge's finding of "unusual circumstances" and his recommendation
for relief from the ineligible list sanction. In his decision on
the appeal, the Deputy Assistant Secretary for Employment Standards
concluded that "unusual circumstances" are not present in the case
within the meaning of Section 5(a) of the Act, and he recommended
that the respondents should not be granted relief from the sanction
provided therein.
The respondents filed an application pursuant to 29 CFR 6.12,
requesting relief from the sanction contained in Section 5(a) of
the Act. It is my conclusion that the Deputy Assistant [1]
~2
[2]Secretary was correct in finding that there are no "unusual
circumstances" in the case within the meaning of Section 5(a), for
the reasons indicated in his decision. Therefore, a basis for
relief has not been shown, and the respondents' application must be
denied. I shall advise the Comptroller General accordingly.
[Ford B. Ford]
Under Secretary of Labor
Dated at Washington, D.C.
this 16 day of AUG, 1984 [2]
]]>
|
