DAMON INSULATION CO., WAB No. 93-09 (WAB June 18, 1993)
CCASE:
DAMON INSULATION COMPANY
DDATE:
19930618
TTEXT:
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[1] WAGE APPEALS BOARD
UNITED STATES DEPARTMENT OF LABOR
WASHINGTON, D. C.
In the Matter of:
DAMON INSULATION COMPANY WAB Case No. 93-09
BEFORE: Charles E. Shearer, Jr., Chairman
Ruth E. Peters, Member
Anna Maria Farias, Member
DATED: June 18, 1993
DECISION OF THE WAGE APPEALS BOARD
This matter is before the Wage Appeals Board on the petition
of Damon Insulation Company ("Damon") for review of a January 28,
1993 letter issued by the Director, Division of Wage
Determinations, of the Wage and Hour Division. In the January 28
letter, sent to the Officer in Charge of the Northern Division of
the Naval Facilities Engineering Command at the Portsmouth Naval
Shipyard, the Director denied a request for an additional
classification and wage rate for pipe and duct insulator and
installer/laborer. The letter stated that "[t]his matter is
subject to further review if any interested party should wish to
present additional information for reconsideration."
After Damon filed a petition for review with this Board, the
Acting Administrator of the Wage and Hour Division moved to dismiss
the petition as premature. The Acting Administrator stated that on
March 18, 1993 Damon had submitted a letter to the Officer in
Charge at Portsmouth Naval Shipyard requesting reconsideration of
proposed wage rates for pipe and duct [1]
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[2] insulators at the shipyard. The Acting Administrator further stated
that Damon has not yet submitted a request for reconsideration to Wage
and Hour. Thus, argues the Acting Administrator, Wage and Hour has not
made a final determination in this matter and Damon's petition for
review to this Board is premature.
Upon consideration of this matter, the Board agrees with the
Acting Administrator that Damon's petition for review is premature,
since there is not yet a final decision by Wage and Hour which is
subject to review by this Board. See J.E. McAmis, Inc., WAB Case
No. 92-18 (Dec. 30, 1992). Accordingly, the petition is dismissed
without prejudice.
BY ORDER OF THE BOARD:
Charles E. Shearer, Jr., Chairman
Ruth E. Peters, Member
Anna Maria Farias, Member
Charles E. Shearer, Jr., Chairman [2]
