MOODY'S OF DAYTON, INC., WAB No. 94-14 (WAB Aug. 26, 1994)
CCASE:
MOODY'S OF DAYTON, INC.
DDATE:
19940826
TTEXT:
~1
[1] WAGE APPEALS BOARD
UNITED STATES DEPARTMENT OF LABOR
WASHINGTON, D. C.
In the Matter of:
MOODY'S OF DAYTON, INC. WAB Case No. 94-14
Application of Wage Decision No. OH93-2,
to Heavy and Highway Construction Projects at
Wright-Patterson Air Force Base, Montgomery
and Greene Counties, Ohio
DATED: August 26, 1994
ORDER OF DISMISSAL WITHOUT PREJUDICE
The Wage Appeals Board, United States Department of Labor, is in
receipt of Moody of Dayton, Inc.'s "Petition for Review" and a Statement
in support of the Petition, seeking to appeal from the June 21, 1994
conformance ruling (attached) of the Director, Division of Wage
Determinations, Wage and Hour Division. From our review of the June 21,
1994 ruling, it appears there is no "final decision" of the questions
presented within the meaning of the regulation at 29 C.F.R. 7.1(b).
Aggrieved parties and interested persons who wish to appeal a ruling
with respect to a wage determination -- including conformance rulings --
must first seek reconsideration of the initial Wage and Hour Division
opinion. See 29 C.F.R. 1.8, 1.9; 7.2(a). Therefore, this matter is not
ripe for review.
Appropriately, Moody's of Dayton, Inc. should seek reconsideration
of the June 21, 1994 determination. Parties or interested persons
aggrieved by the ruling on reconsideration -- i.e., the Administrator's
"final decision" -- can seek the Board's appellate review at that time.
It is accordingly, Ordered, that this matter is dismissed without
prejudice.
BY ORDER OF THE BOARD:
GERALD F. KRIZAN, ESQ.
Executive Secretary
Telephone: (202) 219-9039
Facsimile: (202) 219-6838[1]
