Based on Petitioner's
representations that the parties were engaged in settlement negotiations that could resolve the
underlying dispute, the Board issued orders, on three separate occasions, staying consideration
of the petition until November 10, 1997.
On November 10, 1997, Petitioner Biospherics filed an Amended
Petition for Review to seek review of "an additional issue, i.e. , for what
periods [o]f time, if any, Service Contract Act wage determinations applied" to the
contracts. On November 21, 1997, the Board established a briefing schedule requiring the
Petitioner to file a statement in support of both the Petition for Review and the Amended
Petition for Review and requiring the Administrator to file the administrative record and a
brief in response to the Petition and Amended Petition for Review.
The Administrator filed a Motion to Dismiss the Amended Petition for
Review stating that the Wage and Hour Division has not issued a final appealable order
concerning the issue raised in the amended petition. Biospherics filed a Motion for Suspension
of Briefing Schedule and Opposition to Administrator's Motion to Dismiss Amended Petition
for Review. The Administrator proceeded and filed a Statement in Opposition to Petition for
Review on January 21, 1998, as provided in the November 21 briefing schedule.
Upon consideration of the parties' arguments, we conclude that there is
no final appealable order concerning the matter raised in Petitioner's Amended Petition and
therefore, that request is untimely, and not ripe for review by the Board. See 29
C.F.R. §8.7(b); Technical Support Services, Inc. , BSCA Case No. 92-33,
Dec. 30, 1992. Accordingly, Petitioner's Amended Petition for Review IS
DISMISSED without prejudice , and is remanded to the Wage and Hour Division for
reconsideration and issuance of a final determination. The Wage and Hour Division should
issue a final order regarding the matter raised in the Amended Petition for Review
within 60 days of the date of this order . The Board declines to hold a hearing
or status conference at this juncture, as requested by Petitioner.
The following schedule is established in order to complete briefing of
the matter raised in Petitioner's Petition for Review of the Administrator's February 14, 1997
letter:
1. Petitioner Biospherics shall file a statement -- not to exceed
30 double-spaced typed pages -- in support of the Petition for Review on or
before May 11, 1998.
2. All other parties and Interested Persons may file a reply brief --
not to exceed 15 double-spaced typed pages -- on or before May 28,
1998.
3. Docket entries for this matter shall be filed by directing
submissions to:
Administrative Review Board
SO ORDERED.
KARL
J. SANDSTROM
PAUL
GREENBERG
[ENDNOTES]
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