DATE:
CASE NO. 91-MSP-12
IN THE MATTER OF
TIMOTHY REILLY, D/B/A
REILLY BROTHERS BERRY FARM,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
NOTICE OF INTENT TO MODIFY OR VACATE
THE DECISION AND ORDER OF
THE ADMINISTRATIVE LAW JUDGE
The Acting Administrator, Wage and Hour Division, Employment
Standards Administration, has petitioned for issuance of a Notice
of Intent to Modify or Vacate the Administrative Law Judge's
(ALJ) Decision and Order, issued on July 14, 1992, in this case
arising under the Migrant and Seasonal Agricultural Worker
Protection Act (MSPA), 29 U.S.C. §§ 1801-1872 (1988).
As it appears the decision may warrant modifying or vacating,
see
29 U.S.C. § 500.265(a), the petition is granted. The
following issues will be considered:
(1) Whether the ALJ erred in determining that
Respondent did not utilize the services of a
farm labor contractor, as defined in MSPA
Section 3(7), in violation of MSPA Section
402.
(2) Whether the ALJ erred in reducing the penalty
for a violation of MSPA Section 201 on the
ground that an employer must be informed that
previously he has violated a specific MSPA
provision before the Administrator may
consider the previous violation in assessing
[PAGE 2]
a subsequent penalty.
The Administrator may file a brief addressing these issues
within 30 days of receipt of this order. Respondent may file a
reply brief within 30 days of receipt of the Administrator's
brief. The parties' attention is specifically directed to the
requirements of 29 C.F.R. § 500.267(c). All filings shall
be
submitted to the Office of Administrative Appeals, U.S. Department
of Labor, 200 Constitution Avenue, N.W., Room S-4309, Washington,
D.C. 20210. Copies of all filings shall be served on all other
parties and their counsel. 29 C.F.R. § 500.267(d).
The Chief Administrative Law Judge shall proceed as directed
by 29 C.F.R. § 500.266.
SO ORDERED.
Secretary of Labor
Washington, D.C.
OAA:TMORRISS:cl:December 7, 1995
Room S-4309:FPB:523-9728
