DATE: APRIL 1, 1994
Case No. 94-CLA-18
In the Matter of:
ROBERT B. REICH, Secretary of Labor,
United States Department of Labor
Plaintiff
v.
BELGRADE GARDENS, INC., BELGRADE GARDENS
SOUTH, INC., KOSTA PAPICH and SOPHIA PAPICH
Respondents
Before: GEORGE P. MORIN
Administrative Law Judge
DECISION AND ORDER
This matter arises under Section 16(e) of the Fair Labor
Standards Act ("the Act"), as amended, 29 U.S.C. §216(e),
and the regulations issued thereunder at 29 C.F.R. Parts 579 and
580.
On November 16, 1992, the Respondents named in the caption
hereof were notified by the United States Department of Labor
(DOL) that a civil money penalty in the amount of $8,625.00 had
been assessed against them for violations of the child labor
provisions of the Act. The respondents timely excepted to this
assessment. On November 5, 1993, the DOL filed an Order of
Reference with this office.
On November 29, 1993, the Office of Administrative Law
Judges issued a Notice of Docketing which required the parties to
exchange certain information with each other and the Office of
Administrative Law Judges within thirty days.
On March 3, 1994, in settlement of the case, the parties
submitted Consent Findings in the form of a Stipulation, a copy
of which is attached hereto and made a part hereof, along with a
proposed Decision and Order. Under the terms of the Consent
Findings, the DOL has agreed to reduce by half the civil money
penalty in the amount of $8,625.00, assessed for the employment
[PAGE 2]
of 14 minors in violation of Section 12 of the Act, to $4,312.50.
Respondents have agreed to withdraw their exception to the civil
money penalty as amended; have agreed to pay the $4,312.50
penalty in full satisfaction of the matter; and have agreed that
the entire record upon which any final order may be based shall,
pursuant to 29 C.F.R. §580.18(b)(2), consist of the notice
of penalty, as modified by the agreement of the parties in the
"Stipulation", and have waived all further procedural rights as
provided in that section. Respondents certify that they are
presently in compliance with the provisions of Section 12 of the
Act and the regulations thereunder, and further certify that they
will continue in compliance therewith.
WHEREFORE, upon consideration of the record in its entirety,
I hereby find that the modified assessment of civil money
penalties contained in the "Stipulation," agreed to by all
parties to this matter, is the final order of the Secretary of
Labor.
________________________
GEORGE P. MORIN
Administrative Law Judge
GPM:lab
SERVICE SHEET
Case Name: BELGRADE GARDENS, INC., BELGRADE GARDENS
SOUTH, INC., KOSTA PAPICH AND SOPHIA PAPICH
Case Number: 94-CLA-18
Title of Document: DECISION AND ORDER
I hereby certify that on ____________ a copy of the above-
entitled document was mailed to the following parties:
_______________________________
LAURA ANN BROWN
Legal Technician
CERTIFIED MAILREGULAR MAIL[PAGE 3]
Janice L. Thompson, Esq.
Office of the Solicitor
U.S. Department of Labor
881 Federal Office Building
1240 East Ninth Street
Cleveland, OH 44199
Office of the Solicitor
Associate Solicitor
Fair Labor Standards
US DOL, Room N-2716, FPB
200 Constitution Avenue, NW
Washington, DC 2021
Roger W. Strassburg, Jr., Esq.
Joondeph & Shaffer
Suite 700, Akron Centre Plaza
50 South Main Street
Akron, OH 44308-1881
Administrator, Wage and
Hour Division, US DOL
Room S-3502, FPB
200 Constitution Avenue, NW
Washington, DC 20210
REGULAR MAIL
Linda Jan Pack, Esq.
Office of the Solicitor
Counsel for Employment
Standards, Room N-2716, FPB
200 Constitution Avenue, NW
Washington, DC 20210
John H. Secaras, Regional
Solicitor, US DOL
Office of the Solicitor
881 Federal Office Building
1240 East Ninth Street
Cleveland, OH 44199
Monica Gallagher, Esq.
Associate Solicitor, US DOL
Room N-2716, FPB
200 Constitution Avenue, NW
Washington, DC 20210
Kosta Papich, President
Belgrade Gardens, Inc.
401 East State Street
Barberton, OH 44203
Administrator
c/o Barry J. Haber, District
Director, Wage and Hour, Div.
817 Federal Office Building
1240 East Ninth Street
Cleveland, OH 44199
