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<![CDATA[
CCASE:
CANTEEN FOOD AND VENDING V. DOL
DDATE:
19860516
TTEXT:
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[1] THE UNDER SECRETARY OF LABOR
WASHINGTON, D.C.
20210
In the Matter of
CANTEEN FOOD AND VENDING SERVICE,
Petitioner,
and 85-SCA-WD-30
ADMINISTRATOR, WAGE AND HOUR DIVISION,
EMPLOYMENT STANDARDS ADMINISTRATION
UNITED STATES DEPARTMENT OF LABOR,
Respondent.
ORDER OF DISMISSAL
This case arises under the provisions of the McNamara-O'Hara
Service Contract Act of 1965, as amended (the Act), 41 U.S.C.
[secs] 351-358 (1982), and the regulations at 29 C.F.R. Parts 4 and
8 (1985), and was initiated by a petition filed with the Board of
Service Contract Appeals on behalf of the captioned firm, on
November 12, 1985. /FN1/ An amended petition was filed on February
20, 1986. At issue is the Deputy Wage and Hour Administrator's
/FN2/ denial of Petitioner's request for a variance hearing,
pursuant to Section 4(c) of the Act and the regulation at 29 C.F.R.
[sec] 4.10 (1995). [1]
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
/FN1/ Section 8.0 of 29 CFR (1985) provides that the Secretary's
designee shall perform the functions of the Board of Service
Contract Appeals during the interim period prior to the appointment
of a duly constituted Board. On February 24, 1984, the Secretary
assigned this responsibility to the Under Secretary.
/FN2/ The position of Wage and Hour Administrator has been vacant
all times relevant to this proceeding. [1]
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[2] Counsel for the Deputy Administrator has moved to dismiss
both the petition and the amended petition on the ground that the
Deputy Administrator has reversed his position and agreed to
schedule the hearing Petitioner seeks. A copy of the letter from
the Deputy Administrator stating that the hearing was being
scheduled was submitted in support of the motion. Petitioner's
counsel has filed a response stating that it does not oppose
dismissal once a hearing has been set. Petitioner requests that
its Amended Petition "remain on file ... until such time as the
Deputy Administrator in fact schedules a substantial variance
hearing pursuant to Section 4(c) of the Service Contract Act."
It appears that the Deputy Administrator has agreed to provide
the relief Petitioner seeks in this proceeding. Accordingly, the
Deputy Administrator's motion to dismiss the original and amended
petitions for review is GRANTED without prejudice to Petitioner's
right to renew its petition if the substantial variance hearing is
not scheduled within 30 days from the date of this order.
So ORDERED.
[Dennis E. Whitfield]
Under Secretary of Labor
Dated: MAY 16 1986
Washington, D.C. [2]
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