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September 23, 2008         DOL Home > OALJ Home > USDOL/OALJ Reporter
USDOL/OALJ Reporter

A TO Z MAINTENANCE CORP., 1985-SCA-98 (Dep. Sec'y Oct. 14, 1988) (order denying stay)


CCASE: A TO Z MAINTENANCE & SAMUEL WILLIAMS DDATE: 19881014 TTEXT: ~1 [1] U.S. DEPARTMENT OF LABOR DEPUTY SECRETARY OF LABOR WASHINGTON, D.C. 20210 DATE: October 14, 1988 CASE NO. 85-SCA-98 IN THE MATTER OF A TO Z MAINTENANCE CORPORATION AND SAMUEL WILLIAMS, RESPONDENTS. BEFORE: THE DEPUTY SECRETARY OF LABOR ORDER DENYING STAY By letter dated September 15, 1988, Respondents filed a Notice of Appeal and Request for Stay of Relief from my Decision and Order dated August 30, 1988. By order dated September 27, 1988, counsel for the Wage and Hour Administrator was allowed five (5) business days in which to respond to Respondent's request for stay. On October 4, 1988, counsel for the Administrator submitted an Administrator's Statement in Opposition to Request for Stay of Debarment. The Administrator's Statement points out the specific statutory requirement of the Service Contract Act requiring that the Comptroller General be notified within 90 days whenever a party has been found in violation of the Act and there has been no finding of unusual circumstances. 41 U.S.C. [sec] 354(a) (1982). In addition, as noted, there is no court order nor is there a stipulation staying the giving of notice to the Comptroller General. [1] ~2 [2] Upon consideration of the parties' filings and absent a court order or stipulation, it appears that the Comptroller General should be promptly notified. Accordingly, Respondents' request for a stay is denied. SO ORDERED. [Dennis E. Whitfield] Deputy Secretary of Labor Washington, D. C. [2]



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