|
<![CDATA[
CCASE:
METROPOLITAN VAN AND STORAGE
DDATE:
19860128
TTEXT:
~1
[1] THE UNDER SECRETARY OF LABOR
WASHINGTON, D.C.
20210
In the Matter of
METROPOLITAN VAN AND STORAGE, INC. Case No. SCA-1168
and KEITH ESTES, Individually
Respondents
Final Decision of the Under Secretary /FN1/
The Administrative Law Judge (ALJ) and t he Administrator,
Wage and Hour Division, have recommended that unusual circumstances
exist to relieve Respondents from the debarment provisions provided
by Section 5(a) of the Service Contract Act of 1965, as amended
(SCA), 41 U.S.C. [sec] 354(a)(1982).
The ALJ found that a dispute over the proper wage
determination to be utilized was similar in nature to the pursuit
of a bona fide legal dispute and that there was nothing in the
record that would support a finding of b ad faith on the part of
Respondents. The ALJ considered the guidelines established by the
Secretary's decision in Washington Moving and Storage Co. SCA 168,
March 12, 1974, in making her recommendation to relieve Respondents
from the penalty of debarment. The Administrator concurred with the
ALJ, also finding no
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
/FN1/ The Under Secretary has been designated by the Secretary to
perform the functions of the Board of Service Contract Appeals in
the interim period prior to the establishment of the Board. 29
C.F.R. [sec] 8.0 (1985). [1]
~2
[2] evidence of callousness on the part of Respondents. /FN2/
The record has been reviewed and I have considered the
recommendations of the ALJ and the Administrator and agree with
their recommendations. Accordingly, I find unusual circumstances
to relieve Respondents from the penalty of debarment provided for
by Section 5(a) of the SCA.
It is so Ordered.
[Dennis E. Whitfield]
Under Secretary of Labor
Dated: JAN 28 1986
Washington, D.C. [2]
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
/FN2/ The legislative history to the 1972 amendments to the SCA
limiting the Secretary's discretion in relieving employers from
debarment under [sec] 5a indicates "that the full vigor of the law
should be felt by those who repeatedly and [*] callously [*]
violate it." [*](emphasis added.)[*] Bills to Amend Section 5 of
the Service Contract Act: Hearings on H.R. 6244 and H.R. 6245
Before the Special Subcommittee on Labor of the House Comm. on
Education and Labor, 92nd Cong., 1st Sess. 62-474 (1971) (statement
of Rep. O'Hara) at 3.
]]>
|
