WILLIAM POWELL, JR. AND BUILDING
MAINTENANCE SPECIALISTS, INC., 1984-SCA-32 (Dep. Sec'y Aug. 11, 1989) (order denying request for stay)
CCASE:
W. POWELL JR & BUILDING MAINTENANCE
DDATE:
19890811
TTEXT:
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[1] U.S. DEPARTMENT OF LABOR
DEPUTY SECRETARY OF LABOR
WASHINGTON, D.C.
20210
DATE: August 11, 1989
CASE NO. 84-SCA-32
IN THE MATTER OF
WILLIAM POWELL, JR., AND BUILDING
MAINTENANCE SPECIALISTS, INC.,
RESPONDENTS.
BEFORE: THE DEPUTY SECRETARY OF LABOR
ORDER DENYING REQUEST FOR STAY
On June 22, 1989, I issued a Final Decision and Order (D. and
O.) in this case which arises under the McNamara-O'Hara Service
Contract Act of 1965, as amended (SCA or the Act), 41 U.S.C. [secs]
351-358 (1982), and the implementing regulations at 29 C.F.R. Parts
4, 6 and 8 (1988). That decision affirmed the July 28, 1987,
Decision and Order of Administrative Law Judge John C. Bradley that
Respondents had violated the minimum wage provisions of the Act and
that there were no unusual circumstances warranting relief from the
debarment provision of the Act. 41 U.S.C. [sec] 354(a).
Subsequently, on June 28, 1989, I received a letter from
Respondent Powell dated June 26, 1989, stating that he would file
an appeal "within 10 days" and asking me to, "set aside all acts
with respect to [my] notification until our appeal is heard by the
proper Court." I treat this letter as a request to stay the [1]
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[2] implementation of my Final Decision and Order pending his appeal to
an appropriate federal court. The SCA and the applicable
regulation provide that absent a finding of unusual circumstances
the name of any respondent found in violation of the Act, shall be
forwarded to the Comptroller General within 90 days of my final
order. 41 U.S.C. [sec] 354(a); 29 C.F.R. [sec] 6.21(a). Neither
the statute nor regulation contemplates a stay and Respondent has
cited no basis for one. Accordingly, the request of June 26, 1989,
is DENIED.
In accordance with my previous order, the Comptroller General
will be notified that the names of the Respondents shall be placed
upon the list of persons and firms ineligible to be awarded
government contracts. 41 U.S.C. [sec] 354(a); 29 C.F.R. [sec]
6.21.
SO ORDERED.
[Roderick DeArment]
Deputy Secretary of Labor
Washington, D.C. [2]
