The Administrative Review Board, United States Department of
Labor, is in receipt Respondent Acting Administrator's motion to dismiss the captioned matter
arising under the Davis-Bacon Related Acts. See 29 C.F.R. §5.1. In support,
counsel for the Respondent avers that there has been no reviewable decision of either the Acting
Administrator or an Administrative Law Judge and therefore the matter is not ripe for review by
the Board. Petitioner did not file a response to the Acting Administrator's motion to dismiss.
Petitions for Review by this Board are governed by the regulation at 29
C.F.R. §7.9 providing that:
Any party or aggrieved person shall have 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 [29 C.F.R.].
It being undisputed that the instant Petition seeks review of a Wage and Hour Division
compliance investigation (an intermediate step in the DBRA administrative process), there is no
"final decision" which the Board may review at this time. Accordingly, this matter
is dismissed without prejudice.
