Gene's Food Service & North Carolina Dept. of Health and Human Services, ARB Nos. 01-060 and 01-087 (ARB Aug. 8, 2001)

U.S. Department of Labor

Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210

ARB Case No. 01-060
ARB Case No. 01-087
DATE: August 8, 2001

In the Matter of:

GENE'S FOOD SERVICE

    and

NORTH CAROLINA DEPARTMENT
OF HEALTH AND HUMAN SERVICES

    In re: Contract No. 98-407-08309 at Fort Bragg, North Carolina

Appearances:

For the Petitioner:
   John B. DeLuca, North Carolina Department of Health and Human Services, Raleigh, North Carolina, Gene Thorne, Gene's Food Service, Fort Bragg, North Carolina

   This case arose pursuant to the McNamara-O'Hara Service Contract Act of 1965, as amended, 41 U.S.C. §351 et seq. (SCA) and 20 C.F.R. Parts 6 and 8.

   In a letter issued on April 6, 2001, and forwarded to the Department of the Army, the Acting Administrator of the Wage and Hour Division, U.S. Department of Labor, determined that the snack bar services provided by Gene's Food Service at Fort Bragg, NC, were subject to the SCA. Gene's Food Service submitted a petition for review to this Administrative Review Board on June 6, 2001, challenging the Acting Administrator's determination; the appeal was docketed as ARB Case No. 01-060. Separately, the North Carolina Department of Health and Human Services, Division of Services for the Blind (NCHHS), also petitioned for review of the Acting Administrator's decision; this second appeal has been docketed as ARB Case No. 01-087.

   By letter dated June 28, 2001, NCHHS notified the Board of its desire to withdraw its appeal. Construing NCHHS's letter as a Motion for Voluntary Dismissal, see Fed. R. App. P. 42(b), we GRANT the motion and DISMISS NCHHS's appeal in ARB No. 01-087. Gene's Food Service's appeal remains pending before the Board.

   SO ORDERED.

       PAUL GREENBERG
       Chair

       E. COOPER BROWN
       Member