CCASE:
SALAZAR CONSTRUCTION COMPANY INC.
DDATE:
19930126
TTEXT:
~1
[1] WAGE APPEALS BOARD
UNITED STATES DEPARTMENT OF LABOR
WASHINGTON, D. C.
In the Matter of:
SALAZAR CONSTRUCTION WAB Case No. 92-14
COMPANY INC., DOMINGA
H. SALAZAR AND ISMAEL
C. SALAZAR
BEFORE: Charles E. Shearer, Jr., Chairman
Ruth E. Peters, Member
Anna Maria Farias, Member
DATED: January 26, 1993
DECISION OF THE WAGE APPEALS BOARD
On November 30, 1992, the Wage Appeals Board issued a decision
and order dismissing with prejudice the Petition for Review filed
by the Petitioners named in the caption. We based this action on
Petitioners' record of failing to file a statement in support of
the Petition for Review (after the passage of more than 90 days)
and their failure to timely respond to the Board's scheduling
Orders and our Order to Show Cause why the case should not be
dismissed. /FN1/ [1]
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
/FN1/ A response to the Show Cause Order was ordered due in the
Board's office on November 27, 1992, prior to the close of
business. Petitioners did file a response by telecopier on
November 30, 1992 after close of business and several hours after
issuance of the decision in Salazar Construction Co., Inc. et al.,
WAB Case No. 92-14 (Nov. 30, 1992)(copy attached). That response
was [*] dated [*] November 25, 1992 but the original document --
upon filing -- was found to be [*] postmarked [*] on December 2,
1992. [* Emphasis in original *] This late response is not
explained and, moreover, does not justify Petitioners' failure to
timely prosecute this matter. [1]
~2
[2] We conclude that the late response filed by Petitioners after
the Board's November 30, 1992 final decision was untimely given the
procedural history of delay and ignoring scheduling orders in this
matter. Pursuant to 29 C.F.R. 7.1(b) and 7.1(c) we hereby exercise
our discretion and decline to review or reconsider our November 30,
1992 decision to dismiss with prejudice the Petition for Review of
the Wage and Hour Division's determination that Petitioners should
not be removed from the ineligibility list pursuant to 29 C.F.R.
5.12(c).
BY ORDER OF THE BOARD:
Charles E. Shearer, Jr., Chairman[,]
Ruth E. Peters, Member[,]
Anna Maria Farias, Member[,]
Gerald F. Krizan, Esq.[,]
Executive Secretary [2]
