U.S. Fire
Protection, Inc., ARB No. 98-140 (ARB Aug. 17,
1998)
U.S. Department of Labor
Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 98-140
DATE: August 17, 1998
In the Matter of:
U.S. FIRE PROTECTION, INC.
In re: Palestine Gardens North
Number 084-EE-0019-WAH
Wage Decision No. MO970009
Kansas City, Missouri
ORDER OF DISMISSAL
In response to the Petition for Review filed in this case arising under the
Davis-Bacon Act, 40 U.S.C. §276a et seq., and 29 C.F.R. Part 7 (1997),
the Acting Administrator of the Wage and Hour Division has filed a Motion to Dismiss for
Lack of Ripeness and to Suspend the Briefing Schedule. According to the Acting
Administrator, the Administrative Review Board has no jurisdiction and should dismiss the
case without prejudice because Wage and Hour has not issued a final agency decision as
required under 29 C.F.R. §7.9(a). The Acting Administrator further states, however,
that it will treat the petition, which included additional information not previously considered
by Wage and Hour, as a request for reconsideration and will promptly issue a final ruling on
the conformance issue raised. Petitioner, Fire Protection, Inc., has not responded to the
Acting Administrator's motion.
The applicable regulation at Section 7.9(a) provides:
Any party or aggrieved person shall have the right to file a petition for review
with the Board . . . within a reasonable time from any final decision in any
agency action under part 1, 3, or 5 of this subtitle.
29 C.F.R. §7.9. In this case, Fire Protection, Inc. seeks review of an April 1,
1998 letter from the Section Chief of the Wage and Hour Division to the U.S. Department of
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Housing and Urban Development concerning the subject contract. The letter advises that the
decision is subject to further review if any interested party should wish to present additional
information and also provides a contact person within the Wage and Hour office to whom
questions should be directed. We agree with the Acting Administrator that the April 1, 1998
letter does not constitute a final agency decision pursuant to 29 C.F.R. §7.9 and that
Fire Protection, Inc's petition to the Board therefore is premature. See Damon Insulation
Co., WAB Case No. 93-09 (June 18, 1993).