CYCLE BUILDING MAINTENANCE, INC., 1983-SCA-90 (Sec'y May 31, 1989)
CCASE:
CYCLE BUILDING MAINTENANCE & J.J. DILLON
DDATE:
19890531
TTEXT:
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[1] U.S. DEPARTMENT OF LABOR
SECRETARY OF LABOR
WASHINGTON, D C.
20210
DATE: May 31, 1989
CASE NO. 83-SCA-90
IN THE MATTER OF
CYCLE BUILDING MAINTENANCE,
INC., AND JOHN J. DILLON,
RESPONDENTS.
BEFORE: THE SECRETARY OF LABOR /FN1/
ORDER
On November 2, 1988, the Deputy Secretary issued a Final
Decision and Order in this case affirming the Administrative Law
Judge's decision that no unusual circumstances existed to warrant
relieving Respondents from the debarment sanction. Respondents,
Cycle Building Maintenance, Inc., and John J. Dillon, by letter
received January 26, 1989, requested that the previous decision be
reviewed and reversed, or in the alternative, a rehearing of the
case be granted. The Deputy Secretary treated this letter as a
motion to reopen and provided counsel for the Wage and Hour
Administrator an opportunity to file a response. [1]
/FN1/ Previously the Deputy Secretary was designated by the
Secretary to perform the functions of the Board of Service Contract
Appeals pending the appointment of a duly constituted Board. 29
C.F.R. [sec] 8.0 (1988); Department of Labor Executive Level
Conforming Amendments of 1986, Pub. L. No. 99-619 (November 6,
1986). As there presently is a vacancy in the Office of Deputy
Secretary, I have reassumed the Board's functions pursuant to 29
C.F.R. [sec] 8.0. [1]
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[2] On February 27, 1989, counsel for the Administrator filed a
response opposing the motion to reopen. Upon consideration of the
request to reopen and the opposition thereto /FN2/ the motion to
reopen is denied.
SO ORDERED.
[Elizabeth Dole]
Secretary of Labor
Washington, D.C. [2]
/FN2/ The opposition brief correctly points out that the points
raised in the request to reopen were raised in the original
petition for review, and were considered, and Respondents'
arguments were rejected in the Final Decision and Order of November
2, 1988. [2]
