JED-SPG, INC. AND JONES E. DAVIS, 1984-SCA-48 (Under Sec'y July 29, 1985)
CCASE:
JED-SPG, INC
DDATE:
19850725
TTEXT:
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[1] THE UNDER SECRETARY OF LABOR
WASHINGTON, D.C.
20210
In the Matter of
JED-SPG, INC., AND JONES E. DAVIS Case No. 84-SCA-48
Respondents
DECISION OF THE UNDER SECRETARY
This matter is before me pursuant to the June 24, 1985 "Appeal
of Decision" filed by the above-named individual respondent and the
designation of authority at 29 CFR 8.0 whereunder I have been
delegated by the Secretary to act in his stead prior to the
establishment of the Board of Service Contract Appeals contemplated
by such regulations.
The issue presented here arises under the Service Contract Act
of 1965, as amended, 41 U.S.C. [sec] 351 et seq., the regulations
issued thereunder at 29 CFR Parts 4, 6 and 8 and involves the
aforementioned Appeal of a May 30, 1985 decision by Administrative
Law Judge Rudolf L. [Jansen] denying respondent's "Supplemental
Motion to Dismiss with Prejudice" as filed on May 4, 1985.
From all indications of record, the substantive issues in this
matter have not yet been the subject of a full scope evidentiary
hearing on the merits. As such there has not yet been a decision
by the designated [Administrative] Law Judge which is appropriately
subject to a "Petition for Review" (See 29 CFR [secs] 6.19(b) and
6.20). The applicable Service Contract [1]
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[2] Act regulations make no provision for the appeal of interim or
interlocutory decisions of Administrative Law Judges.
Thus, respondent's appeal, being neither a final action of the
fact finder or a case which is ripe for review under the
appropriate jurisdictional guidelines of the Board of Service
Contract Appeals, is hereby rejected as untimely filed and
DISMISSED. Accordingly, the enforcement action remains before the
Administrative Law Judge.
[Ford B. Ford]
Under Secretary of Labor
Dated: JUL 29 1985
Washington, D.C. [2]
