Date Issued: November 1, 1995
Case No.: 95-OFC-14
In the Matter of:
OFFICE OF FEDERAL CONTRACT
COMPLIANCE PROGRAMS, United
States Department of Labor,
Plaintiff
v.
BUNN-0-MATIC CORPORATION,
Defendant
Before: JOHN M. VITTONE, Deputy Chief Judge
DECISION AND ORDER
This case arises under Executive Order 11246, Section 503 of
the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 793,
the Vietnam Era Veterans' Readjustment Act of 1974, as amended,
38 U.S.C. § 4212 and the applicable regulations.
By letter dated September 8, 1993, the Office of Federal
Contract Compliance Programs, United States Department of Labor
(Plaintiff), informed Bunn-0-Matic Corporation (Defendant) that
it had been selected for a compliance review. Defendant
contested the compliance review on the ground that Plaintiff
lacked jurisdiction. On May 18, 1995, Plaintiff filed a
Complaint against Defendant with this Office. Defendant filed an
Answer to the Complaint on June 6, 1995.
Pursuant to 41 C.F.R. S 60-30.13, Plaintiff and Defendant
have negotiated a settlement to resolve all disputed violations.
On September 29, 1995, they submitted an executed Consent
Findings and Order. The parties request review of the agreement
and an order disposing of this proceeding. Without admitting any
violations, Defendant has agreed to the compliance review.
Upon review of the record, the Consent Findings and Order
are APPROVED. This agreement constitutes full and final
resolution of this matter. It is ORDERED that:
1) this order shall have the same force and effect as
an order after full hearing;
2) the entire record upon which this order is based
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shall consist solely of the complaint and these Consent Findings;
3) any further procedural steps before this Office are
waived;
4) any rights to challenge or contest the validity of
this order entered into in accordance with this agreement is
waived; and
5) this Decision and Order shall be final agency
action.
JOHN M. VITTONE
Acting Chief Judge
