In re: Application of Wage Determination
Nos:
94-2441, rev. 11, 8/19/98;
94-2309, rev. 14, 7/27/98;
94-2425, rev. 07, 9/28/98;
94-2333, rev. 13, 7/28/98;
94-2067, rev. 11, 9/24/98;
94-2433, rev. 12, 6/01/98;
94-2495, rev. 13, 7/23/98;
for the provision of court security services
contracted by the General Security Services
Corporation for the U.S. Marshal's Service.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Petitioner: Bruce C. Cohen, Esq., Clayton, Missouri
DISMISSAL ORDER
Pursuant to the McNamara-O'Hara Service Contract Act of 1965
(SCA), as amended, 41 U.S.C. §351 et seq.; the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C. §§327-32; and 29 C.F.R. Part 8, United
Government Security Officers of America (Security Officers) petitioned the Administrative Review
Board (Board) for review of a letter dated December 2, 1999, from Ken Hogan, an Investigator in
the Department of Labor's Wage and Hour Division Minneapolis District Office. Security Officers
previously had challenged the applicability of several wage determinations to various government
contracts for security services with the U.S. Marshal's Service. In each instance, the challenged wage
determination was based on collectively-bargained rates that had been negotiated between Security
Officers and a signatory employer, General Security Services Corporation.
On February 22, 2000, the Board issued an order directing Security
Officers to show cause why the appeal should not be dismissed for failure to comply with 29 C.F.R.
§§4.56(a)(1) and (b) and 29 C.F.R. §§8.1(b), 8.3. The Board noted that
pursuant to 29 C.F.R. §8.1(b), the Board only has jurisdiction over the Wage and Hour
Administrator's final decisions and that appeals of such decisions rendered pursuant to 29 C.F.R.
§4.56(a)(1) must be appealed within 20 days of issuance. The Board observed that the letter
from which Security Officers seeks review neither purports to be, nor even suggests that it is a
final decision of the Administratorand in any event, the appeal of this letter was
filed more than 20 days after Hogan "issued" the letter.
Security Officers failed to respond to the Board's Show Cause Order.
Accordingly, we DISMISS Security Officers' petition for review.