DATE: December 7, 1994
CASE NO. 93-CLA-6
IN THE MATTER OF
MARIA ECHAVESTE, ADMINISTRATOR,
WAGE AND HOUR DIVISION,
PLAINTIFF,
v.
VEADA INDUSTRIES, INC., A
CORPORTATION AND ROBERT STEURY
INDIVIDUALLY AND AS PRESIDENT
OF VEADA INDUSTRIES,
DEFENDANTS.
BEFORE: THE SECRETARY OF LABOR
ORDER OF DISMISSAL
On August 18, 1994, an Administrative Law Judge (ALJ) issued
a Decision and Order (D. and O.) in the above captioned case,
which was brought under the civil money penalty provision
applicable to oppressive child labor violations of the Fair Labor
Standards Act of 1938, as amended, 29 U.S.C. §§ 212 and
216(e) (1988), and the implementing regulations. 29 C.F.R. Parts
579 and 580 (1993). The ALJ found that Veada Industries, Inc. et
al., had not violated Hazardous Order No. 5 contained in 29
C.F.R. § 570.55 (1993) and dismissed the Wage and Hour
Administrator's assessment of a civil money penalty. On
September 20, 1994, the Administrator filed a Motion for Leave to
File Petition for Review One Day Out of Time and for Briefing
Schedule. On September 29, 1994, Defendants filed a Response to
Motion for Leave to File Petition for Review One Day Out of Time,
in which they urged that I deny Plaintiff's Motion. On October
20, 1994, Plaintiff filed a Motion to Withdraw Petition for
[PAGE 2]
Review. Defendants have filed no response to that motion.
I therefore grant Plaintiff's Motion to Withdraw her
Petition for Review. By operation of 29 C.F.R. § 580.12
(1993) the D. and O. of the ALJ shall constitute the final order
of the Secretary.
SO ORDERED.
___________________________
Secretary of Labor
Washington, D.C.
