93db077a.htm

DATE:  January 23, 1995

CASE NO. 93-DBA-77

In the Matter of

U. S. DEPARTMENT OF LABOR
               Complainant

     v.

DANE SHEET METAL, INC.
               Respondent


Appearances:

Karen L. Mansfield, Esquire
         For the Complainant

Robert J. Schumacher, Esquire
Woodward, Hobson & Fulton
         For the Respondent

Before:  ROBERT L. HILLYARD
         Administrative Law Judge


                         DECISION AND ORDER

     This case arises under the Reorganization Plan No. 14 of 1950
(64 Stat. 1267), the Davis-Bacon Act (DBA), as amended, 40 U.S.C.
§276a et seq., the Contract Work Hours and
Safety Standards Act (CWHSSA), 40 U.S.C. §327 et
seq., and the applicable regulations issued thereunder at 29
C.F.R. Part 5.

     Prior to a hearing, counsel for the parties advised that they
had reached a settlement which would dispose of all outstanding
issues which were presented for adjudication.  The parties have
furnished a written settlement agreement entitled Consent
Findings which they wish to effect their settlement of this
matter.  This agreement has been submitted for consideration and
final order by me without presentation of the evidence.  I have
reviewed the 
[PAGE 2]
agreement, which is incorporated herein by reference and made a
part hereof, and in so doing approve the settlement agreement.

     This settlement is intended by the Complainant and the
Respondent to be a final resolution of this matter.  The parties
agree and stipulate that any order consistent with and based upon
these consent findings shall have the same force and effect as an
order made after full hearing and that the entire record in this
case shall consist solely of these stipulations together with the
Order of Reference and attachments thereto; that all further
procedural steps before the Administrative Law Judge, Administra-
tor, and the Wage Appeals Board are hereby waived; and that any
right to challenge or contest the validity of any order entered in
accordance with these Consent Findings is hereby waived. 
The parties further agree that each party shall bear his/its own
costs and expenses incurred in any stage of these proceedings.

     In accordance with the agreement of the parties, it is hereby,

     ORDERED that Dane Sheet Metal, Inc. pay $4,000.00 to the Wage
and Hour Division, U. S Department of Labor, and it is further,

     ORDERED that the U. S. Department of Commerce, Bureau of
Census, release to the Wage and Hour Division, U. S. Department of
Labor, the amount of $4,000.00 which it has withheld from payment
under the aforesaid contract in order to satisfy the back wage
liability herein, and it is further

     ORDERED that the Wage and Hour Division, U. S. Department of
Labor, shall distribute any amounts paid hereunder to the employ-
ees, or to their legal representatives, in the amounts set forth in
Exhibit A to the Consent Findings and any such amounts not
distributed within one year of the date of entry of this Decision
and Order because of inability to locate the proper individuals
shall be deposited with the Treasurer of the United States as
miscellaneous receipts. 





                              _____________________________
                              Robert L. Hillyard
                              Administrative Law
Judge