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<![CDATA[
CCASE:
John A. Musilli
DDATE:
19860520
TTEXT:
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[1] THE UNDER SECRETARY OF LABOR
WASHINGTON, D.C.
20210
In the Matter of
John A. Musilli,
Dorene Musilli, and
John A. Musilli, Jr. doing Case No. SCA-1253
business as Commercial
Fleet Service,
Respondents
FINAL DECISION OF THE UNDER SECRETARY
This case is before the Under Secretary /FN1/ for a
determination as to whether unusual circumstances exist to relieve
Respondents from being placed' on the ineligible list of government
contractors provided for by Section 5(a) of the Service Contract
Act of 1965 (SCA), 41 U.S.C. [sec] 354(a) (1982).
The Administrative Law Judge found no violations of the SCA.
Exceptions to the ALJ's findings were filed by the Government. The
Administrator agreed that Respondents had violated the SCA, but
found that unusual circumstances exist to relieve them from
debarment. There was no appeal from the Administrator's decision.
The Administrator noted that despite the Government's
exceptions as to violations there was "no request that upon finding
of [1]
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
/FN1/ Pending the appointment of a duly constituted Board, the
Secretary has designated the Under Secretary to perform the
functions of the Board of Service Contract Appeals. 29 C.F.R.
[sec] 8.0 (1985). [1]
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[2] violations that these Respondents be debarred." Decision of
the Administrator at 7. Upon consideration of that issue, the
Administrator found that:
In this record there is no allegation of a history of
repeated violations nor can the violations be classified
as willful or the result of culpable conduct. The
liability of Respondents turned on what may properly be
classified as bona fide legal issues of doubtful
certainty especially in view of the findings and
conclusions of the A.L.J. that the actions of Respondents
were not illegal under the SCA.
The violations that I have found appear to be the result
of misconceptions on the part of the Respondents as to
their obligations to pay minimum wages and fringe
benefits rather than due to a callous disregard of those
obligations. In view of the foregoing I find "unusual
circumstances" exist to relieve Respondents from the
sanction of debarment.
Id. at 8, 9.
The record in this proceeding has been reviewed and I agree
with the Administrator that there are unusual circumstances present
to relieve Respondents from being placed on the ineligible list of
Government contractors provided for by Section 5(a) of the Service
Contract Act.
It is SO ORDERED.
[Dennis E. Whitfield]
Under Secretary of Labor
Dated: MAY 20 1986
Washington, D.C. [2]
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