U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 97-064 (ALJ CASE NO. 96-DBA-18) DATE: September 15, 1997
In the Matter of:
BILL J. COPELAND
Prime Contractor
ORDER
This case arises under the provisions of the Davis-Bacon Act (DBA),
40 U.S.C. §§276a et seq. (1994), the Contract Work Hours and Safety
Standards Act (CWHSSA), as amended, 40 U.S.C. §§327-332, and the
regulations at 29 C.F.R. Parts 5, 6, and 7 (1996). The Acting Administrator (Administrator),
Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor
timely petitioned for review of the Decision and Order of the Administrative Law Judge
(ALJ) issued January 28, 1997.
The ALJ dismissed the Administrator's Order of Reference charging
Bill J. Copeland (Copeland) with violations of the DBA and the CWHSSA. On March 10,
1997, this Board issued a Notice of Petition for Review and Order Establishing Briefing
Schedule, requesting the parties to submit statements in support of, and in opposition, to the
Administrator's petition.
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Our review of the case record indicates unwarranted delay on the part
of the Administrator in bringing this matter to resolution. We are particularly mindful that
Copeland has apparently been thwarted in his discovery attempts with the putative claimants.
See Copeland's statement in Opposition to the Administrator's Petition at 18-19.
It is therefore ORDERED that the Administrator will provide to this
Board and serve on all parties, within twenty (20) days from the date of this Order, a list of
witnesses who are certified to be available and will testify at a hearing on the merits of this
case. That list shall also include a correct, current, verified address and phone number for
each witness.
