C.F.S. AIR CARGO, INC., 1988-SCA-WD-2 (Sec'y Apr. 18, 1989)
CCASE:
C.F.S. AIR CARGO
DDATE:
19890418
TTEXT:
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[1] U.S. DEPARTMENT OF LABOR
SECRETARY OF LABOR
WASHINGTON, D C.
20210
DATE: April 18, 1989
CASE NO. 88-SCA-WD-2
IN THE MATTER OF
C.F.S. AIR CARGO, INC.
and
ADMINISTRATOR, WAGE AND HOUR DIVISION,
EMPLOYMENT STANDARDS ADMINISTRATION,
UNITED STATES DEPARTMENT OF LABOR
BEFORE: THE SECRETARY OF LABOR /FN1/
ORDER OF DISMISSAL
This matter is before me pursuant to the Service Contract Act
of 1965, as amended (SCA or the Act), 41 U.S.C. [secs] 351-358
(1982), and the rules and regulations promulgated thereunder, 29
C.F.R. Parts 4 and 8 (1988). Petitioner, C.F.S. Air Cargo, Inc.,
filed a petition for review of the Wage and Hour Administrator's
final decision denying Petitioner's request for reconsideration of
Wage Determination (WD) No. 87-56 applicable to United States
Department of the Navy Contract N00600-87-D-1067 for material
handling services at locations in the Tidewater, Virginia,
area. [1]
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
/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 function pursuant to 29
C.F.R. [sec] 8.0. [1]
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[2] On January 30, 1989, counsel for the Administrator filed a
Motion to Dismiss the petition as untimely. On March 6, 1989,
Petitioner filed a response to the Administrator's motion. The
response concluded by withdrawing the petition and requesting that
this matter be dismissed. Petitioner asserts the correctness and
equity of its position but states that the matter is now moot by
virtue of the certification by the National Labor Relations Board
of a collective bargaining representative for most of the C.F.S.
Air Cargo, Inc., employees covered by the challenged wage
determination.
Accordingly, Petitioner's withdrawal of its petition is
allowed and this matter is DISMISSED.
SO ORDERED.
[Elizabeth Dole]
Secretary of Labor
Washington, D.C. [2]
