ETKIN CONSTRUCTION CO., WAB No. 93-01 (WAB Feb. 26, 1993)
CCASE:
ETKIN CONSTRUCTION CO. & FRONT RANGE EXCAVATING
DDATE:
19930226
TTEXT:
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[1] WAGE APPEALS BOARD
UNITED STATES DEPARTMENT OF LABOR
WASHINGTON, D. C.
In the Matter of:
ETKIN CONSTRUCTION COMPANY WAB Case No. 93-01
Prime Contractor
FRONT RANGE EXCAVATING, INC.
Subcontractor
BEFORE: Charles E. Shearer, Jr., Chairman
Ruth E. Peters, Member
Anna Maria Farias, Member
DATED: February 26, 1993
DECISION OF THE WAGE APPEALS BOARD
This matter is pending before the Wage Appeals Board on the
Petition for Review filed by Etkin Construction Company on behalf
of its subcontractor, Front Range Excavating, Inc., and the motion
to dismiss for lack of ripeness filed on behalf of the Acting
Administrator, Wage and Hour Division. No opposition to the motion
to dismiss has been filed by the Petitioner.
Based on review of the Petition and the motion to dismiss, the
Board has determined that there is no final decision within the
meaning of the Regulations at 29 C.F.R. Part 7 and that the Board,
therefore, lacks jurisdiction to consider this matter. Francioni
Construction Co., Inc., WAB Case No. 92-10 (Aug. 14, 1992); Ray
Petty d/b/a Professional Drywall Services, WAB Case No. 91-32 [1]
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[2] (Oct. 25, 1991); see also Lloyd T. Danielsen, et al., BSCA
Case Nos. 92-15, -16, -17 (Sept. 30, 1992). Accordingly, this
matter is hereby dismissed without prejudice to refiling upon the
issuance of a final and reviewable decision of the Acting
Administrator.
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]
