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JACK PICOULT, WAB No. 68-09 (WAB Aug. 26, 1968)


CCASE: JACK PICOULT DDATE: 19680826 TTEXT: ~1 [1] UNITED STATES DEPARTMENT OF LABOR WAGE APPEALS BOARD In the Matter of WAB Case Petition by Jack Picoult for No. 68-08 review of decision of the Solicitor dated October 9, 1967, concerning electricians' apprentices['] wage rates under the following contracts for United States Post Offices: GS-02B-13,098, Passaic, N.J. Dated: August 26, 1968 GS-02B-13,983, Bayonne, N.J. GS-02B-13,087, Hoboken, N.J. Before: SMITH, Chairman, and BARKER and ROTHMAN, Members. [DECISION] The petitioner, Jack Picoult, in three letters dated December 7, 1967 (received by the Board on December 22, 1967), with respect to contracts GS-02B-13,098, Passaic, N.J.; GS-02B-13,983, Bayonne, N.J.; and GS-02B-13,087, Hoboken, N. J., referred to a "final decision" of a contracting officer of the General Services Administration which in turn relied upon a decision by the Office of the Solicitor. Picoult then stated the following: Accordingly, please be advised that the undersigned Contractor does hereby appeal said decision to the Wage Appeals Board. However, we make this appeal without admitting the original, Appellate, or final jurisdiction of said Wage Appeals Board to hear and/or decide any matter contained in said "final decision." This Appeal is thus made for the sole purpose of preserving all our rights especially in view of the time requirements for making said Appeals. [1] ~2 [2] On January 2, 1968, the petitioner was advised that the information received was insufficient to process the case. A copy of the Board's rules was furnished to the petitioner at that time. The Board heard nothing further from the petitioner until July 1968, at which time there was a further exchange of correspondence. The petitioner on August 16, 1968, perfected his petition for review of a Solicitor's decision dated October 9, 1967, concerning electrician's apprentice wage rates under the above-captioned contracts. ORDER The Wage Appeals Board hereby declines to review the petition for lack of timeliness. /FN1/ The petitioner has failed in a timely manner to prosecute his appeal from the Solicitor's decision dated October 9, 1967. [2] OSCAR S. SMITH, CHAIRMAN CLARENCE D. BARKER, MEMBER STUART ROTHMAN, MEMBER WAGE APPEAL BOARD ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ /FN1/ Cf. Title 29, Code of Federal Regulations. 7.8(b). [2]



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