ARB CASE NO. 01-008
ALJ CASE NO. 90-OFC-10
DATE: December 21, 2000
In the Matter of:
OFFICE OF FEDERAL CONTRACT
COMPLIANCE PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR,
PLAINTIFF,
v.
BURLINGTON INDUSTRIES, INC.,
DEFENDANT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Plaintiff: Debra A. Millenson, Esq., Gary M. Buff, Esq., Henry L. Solano, Esq.,
U.S. Department of Labor, Washington, DC
For the Defendant:
William P. H. Cary, Esq., Brooks, Pierce, McLendon, Humphrey & Leonard,
Greensboro, North Carolina
ORDER DISMISSING COMPLAINT
This case arose when the U.S. Department of Labor, Office of Federal
Contract Compliance Programs (OFCCP) filed a complaint against Burlington Industries alleging
that Burlington had violated Executive Order 11246. A Department of Labor Administrative Law
Judge issued a recommended decision and order from which both parties filed exceptions with the
Administrative Review Board pursuant to 41 C.F.R. §60-30.28. Subsequent to a recent
Board order granting OFCCP's request for supplemental briefing, the parties have filed a Joint
Motion to Dismiss.
[Page 2]
In support of the Motion to Dismiss the parties assert:
Since the date of the Board's Order, the parties have exchanged
information concerning the matters at issue in the case and current
hiring practices at the Pioneer I plant. As a result of those
discussions, the parties have concluded that justice would best be
served by dismissing this action. By this motion, each of the parties
therefore withdraws the exceptions that it has filed in this matter and
respectfully respects [sic] that the underlying action be dismissed.
Joint Motion to Dismiss at 2. Accordingly, we GRANT the parties' joint motion
and DISMISS this case.
