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<![CDATA[
CCASE:
HERTZLER ENTERPRISES, INC.
DDATE:
19841209
TTEXT:
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[1] U.S. DEPARTMENT OF LABOR
SECRETARY OF LABOR
WASHINGTON, D.C.
In the Matter of
HERTZLER ENTERPRISES, INC., a
corporation, doing business as Case No. PC-1193
SANDIA DIE AND CARTRIDGE COMPANY
and BRUCE HERTZLER AND DONNA W.
HERTZLER, individuals
Respondents
MEMORANDUM DECISION OF THE SECRETARY
After a hearing before an Administrative Law Judge, the
respondents were found to have violated the minimum wage and
recordkeeping requirements of the Walsh=Healey Public Contracts Act
(41 U.S.C. 35, et seq.). The Judge found that the circumstances
did not warrant relieving the respondents from the ineligible list
sanction provided in the Act, and he recommended that such relief
should not be granted. The respondents appealed, and on September
25, 1981 the Administrator of the Wage and Hour Division affirmed
the findings of the Judge and concurred in his recommendation.
The case is now before me for consideration of an application
for relief from the ineligible list provisions of Section 3 of the
Act (41 U.S.C. 37) filed by the respondents pursuant to Section
50-203.11(g) of the Rules of Practice governing this proceeding (41
CFR 50-203.11(g)).
The Rules of Practice do not provide for a further review of
the findings of fact and conclusions of law of the Administrative
Law Judge and the Administrator. Under such rules the [1]
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[2] decision of the Administrator was the final decision of the
Department with respect to the merits or substantive issues of the
case. In considering the respondents' application the only
question before me is whether there are circumstances which justify
relieving the respondents from the ineligible list sanction. See
Washington Moving and Storage Co., et al., No. SCA-168, decision of
the Secretary, March 12, 1974; Ventilation and Cleaning Engineers,
Inc., et al., No. SCA-176, decision of the Secretary, Sept. 27,
1974 (CCH, Labor Law Reporter, Wages-Hours, vol. 2, paragraph
30,946); Fred Van Elk, individually, and American Maintenance and
Management Services, Inc., No. SCA-254-258 , decision of the
Secretary, January 28, 1975 (CCH, Labor Law Reporter, Wages-Hours,
vol. 2, paragraph 30,960).
I have studied the record. In my opinion, the Administrative
Law Judge and the Administrator were correct in concluding that
circumstances which would justify relieving the respondents from
the ineligible list sanction provided in Section 3 are not present
in this case, for the reasons stated in the Judge's decision. I
shall advise the Comptroller General accordingly.
[Raymond J. Donovan]
Secretary of Labor
Dated: DEC -9 1984
Washington, D.C. [2]
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