DATE: March 29, 1989 CASE NO. 86-OFC-9

OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS,
UNITED STATES DEPARTMENT OF LABOR,

PLAINTIFF,

and

JAMES W. THOMPSON,

INTERVENOR,

v.

PPG INDUSTRIES, INC.,

DEFENDANT.

BEFORE: THE ACTING ASSISTANT SECRETARY FOR EMPLOYMENT STANDARDS¹

    On February 20, 1989, Defendant filed a motion to stay implementation of the January 9, 1989, Final Decision and Remand order on Remedy (Remand Order) in this case to give Defendant an opportunity to obtain judicial review of the Remand Order. The Remand Order found that Defendant violated section 503 of the Rehibilitation Act of 1973, as amended, 29 U.S.C. § 793 (1982), when it failed to hire Intevenor as a production laborer in October, 1978, and January, 1979. Remand Order at 30, 32. The Remand Order ordered Defendant to pay Intervenor back pay and fringe benefits with interest, and to grant Intervenor backdated seniority.²

    On March 3, 1989, Plaintiff filed a response to Defendant's motion stating that both parties requested that I not rule on the stay motion because the parties expected to file an agreement as to the terms of a stay. On March 14, 1989, the parties submitted for my approval an agreement providing for a 30 day stay of the portion of my January 9, Remand Order which ordered Defendant to pay Intervenor back pay with interest. Within this 30 day period Defendant will seek from the Federal District Court a further stay of the back pay portion of the Remand Order subject to certain provisions spelled out in the agreement. The agreement provides for compliance with the other provisions of the January 9, 1989, Remand Order.

    The agreement signed by counsel for all parties on March 14, 1989, is approved. Accordingly, that portion of the Final Decision and Remand Order on Remedy of January 9, 1989, in this case ordering Defendant to pay Intervenor backpay with interest is STAYED until 30 days from the date of this Order.

SO ORDERED.

Acting Assistant Secretary for

Employment Standards

Washington, D.C.

²The Remand Order remanded this case to the Administrative Law Judge to take further evidence and make further back pay calculations. Defendant had hired Intervenor as a production laborer in August, 1985.