ARB CASE NO. 01-028
(Formerly ARB CASE NO. 99-112)
ALJ CASE NO. 99-OFC-11
DATE: January 31, 2001
In the Matter of:
OFFICE OF FEDERAL CONTRACT
COMPLIANCE PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR,
PLAINTIFF,
v.
BEVERLY ENTERPRISES, INC.,
DEFENDANT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances: For the Plaintiff: Rolando N. Valdez, Esq., Richard L. Gilman, Esq., Gary M.
Buff, Esq., Henry L. Solano, Esq.,
U. S. Department of Labor, Washington, D.C.
For the Defendant: Timothy J. O'Rourke, Esq., Christopher T. Scanlan, Esq., John
C. Fox, Esq.,
Fenwick and West LLP, Palo Alto,
California
ORDER OF REMAND
On January 12, 2001, the Office of Federal Contract Compliance Programs
("OFCCP") filed with the Administrative Review Board three motions in
this case which the U. S. District Court for the District of Columbia has remanded. Specifically,
OFCCP moved this Board (1) to permit the filing of a brief, (2) to apply expedited hearing time
frames to the briefing schedule, and (3) alternatively, to limit the scope of any remand to the
Administrative Law Judge. Defendant Beverly Enterprises, Inc., filed its opposition to these
motions on January 17, 2001. The Board denies OFCCP's motions and remands this matter to
the Administrative Law Judge for proceedings consistent with this Order.
4 OFCCP also moved for leave to
file a brief on the collateral estoppel issue. This motion is denied. Additionally, OFCCP requests that,
if the collateral estoppel brief is accepted, the Board apply the briefing time frames set out in the
expedited hearing regulations. As the Board has denied OFCCP's motion to accept the brief, this issue
is moot.