DATE: July 11, 1995
CASE NOS. 87-ERA-6
87-ERA-40
IN THE MATTER OF
JOHN C. REX,
COMPLAINANT,
v.
EBASCO SERVICES, INC.,
RESPONDENT,
and
THE SOLICITOR OF LABOR
on behalf of
THE ADMINISTRATOR, WAGE AND HOUR
DIVISION, EMPLOYMENT STANDARDS
ADMINISTRATION,
PARTY IN INTEREST.
BEFORE: THE SECRETARY OF LABOR
ORDER APPROVING SETTLEMENT AND
DISMISSAL OF PROCEEDINGS
On May 22, 1995, the presiding Administrative Law Judge
(ALJ) in this case recommended that the settlement agreed to by
the parties in this proceeding be accepted and the proceeding be
dismissed with prejudice. The proceeding arose out of a
Secretary's Order on October 3, 1994, which designated the
Solicitor of Labor to present the case for the imposition of
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sanctions against Billie Pirner Garde, Esq. and Robert Guild,
Esq., for their alleged misconduct in the above-captioned matter.
After a review of the evidence, the Solicitor determined that the
evidence was insufficient to support imposition of sanctions
pursuant to 29 C.F.R § 18.34(g)(3), or 29 C.F.R. §
18.36.
The parties agreed that the Government Accountability
Project, which employed the attorneys, reimburse the United
States Department of Labor the amount of Four Hundred Fifty-one
($451.00) Dollars, for the cost of an ALJ trip to Houston, Texas,
which expense may have been unnecessarily incurred.
I have reviewed the proposed settlement agreement and accept
the ALJ's recommendation. The proceeding against the above named
attorneys is DISMISSED WITH PREJUDICE. The Office of
Administrative Law Judges is requested to distribute a copy of
this Order to all Department of Labor ALJs.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.